Abstract
Except in a case where, under the terms of this Convention or a special authorization, aircraft are permitted to cross the territory of a contracting State without landing, every aircraft which enters the territory of a contracting State shall, if the regulations of that State so require, land at an airport designated by that State for the purpose of customs and other examination. On departure from the territory of a contracting State, such aircraft shall depart from a similarly designated customs airport. Particulars of all designated customs airports shall be published by the State and transmitted to the International Civil Aviation Organization established under Part II of this Convention for communication to all other contracting States.
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Notes
- 1.
Tourism and transport combined forms the largest industry in the world. Air transport is a significant driver of tourism and visitors arriving by air directly support approximately 6.7 million jobs worldwide in the tourism industry with the foreign exchange they spend during their travels. Both the tourism industry and air transport industry depend on the policies of governments and the individual stability of States for their sustenance and development. The unrest wrought by mass protests in North Africa and the Middle East in 2011 seriously disrupted tourism and air transport. Tourism earned Egypt more than 11 billion dollars in the last fiscal year. In the third quarter of 2010, Egypt was receiving about 280 million US dollars a week from tourism. See http://www.suite101.com/content/tourism-crisis-as-foreign-visitors-desert-egypt-a342840.
- 2.
Wikipedia identifies civil unrest with synonyms such as civil disorder, or civil strife, which are broad terms typically used by law enforcement to describe one or more forms of disturbance caused by a group of people.. Examples of civil disorder include, but are not necessarily limited to: illegal parades; sit ins; and other forms of obstructions; and other forms of crime. http://en.wikipedia.org/wiki/Civil_disorder.
- 3.
Airlines wary on operating to Libya, Air Letter, No. 17,180, Thursday 24 February 2011at p. 3.
- 4.
Id. at p. 4.
- 5.
Airlines set for losses as mid-east unrest continues, Air Letter, No. 17,181, Friday, 25 February 2011at p. 3.
- 6.
- 7.
Ibid.
- 8.
This loss gradually balanced from the new European markets and especially from Poland, Czech Republic and Hungary. See http://www.traveldailynews.com/pages/show_page/23601-Tunisia-unveils-new-tourism-plan.
- 9.
- 10.
- 11.
- 12.
Id. Article 44 (d).
- 13.
Article 31.1 of the Vienna Convention on the Law of Treatie provides that “a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose”. See Vienna Convention on the Law of Treaties 1969, done at Vienna on 23 May 1969. The Convention entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331. The ordinary meaning of war can be considered as a behavior pattern of organized violent conflict typified by extreme aggression, societal disruption, and high mortality. This behavior pattern involves two or more organized groups. http://en.wikipedia.org/wiki/War.
- 14.
Id.
- 15.
Reuter (1989), at 16.
- 16.
The use of SAMs and anti-tank rockets by terrorists goes back to 1973. On 5 September 1973 Italian police arrested five Middle-Eastern terrorists armed with SA-7s. The terrorists had rented an apartment under the flight path to Rome Fumicino Airport and were planning to shoot down an El Al airliner coming in to land at the airport. See Dobson and Payne (1987), p. 366.
- 17.
Mickolus (1980), p. 428.
- 18.
Dobson and Payne (1987), supra, note 16, p. 53.
- 19.
Ibid.
- 20.
The lethality of the weapon can be reflected by the 340 MANPADS used by Afghan Mujahedeen rebels to successfully hit 269 soviet aircraft. See http://www.janes.com/security/international_security/news/.
- 21.
MANPADS, Ploughshares Monitor Autumn 2004, at 83.
- 22.
Ibid. The deadly accuracy and ease of handling of MANPADS were demonstrated when Somali gunmen shot down two US MH-60 Black Hawk helicopters in October 1993.
- 23.
Infrastructure Safety and the Environment, Protecting Commercial Aviation against the Shoulder-Fired Missile Threat, Rand Corporation, 2005, at 9.
- 24.
- 25.
Clutterbuck (1991), at 175.
- 26.
Dorey (1983), p. 142.
- 27.
Flight, Vol. XLV No. 1331, January 27, 1944, at pp. 97–98.
- 28.
Warner (1942), p. V.
- 29.
Sochor (1991), t xvi.
- 30.
Schenkman (1955) at p. 6
- 31.
Id. Vi.
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Abeyratne, R. (2014). Article 10 Landing at Customs Airport. In: Convention on International Civil Aviation. Springer, Cham. https://doi.org/10.1007/978-3-319-00068-8_11
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