Abstract
The Internet of Everything is the last of the three waves of the internet as discussed, the first wave being the building of the internet infrastructure with its foundations such as AOL, HP, Cisco systems; the second being the entry of social media such as Facebook and search engines such as Google and Yahoo and Google’s Android and Apple’s IPhone. This phase started at the beginning of this century. The third phase—which is a logical corollary to the second—would see a shift between the ownership of the internet in internet companies and the total involvement of the internet in all important aspects of our lives. The Internet of Everything (IoE) is known to be the intelligent connection of people, process, data and things while the Internet of Things (IoT) involved communications exclusively between machines. Needless to say, the internet of everything will have a bearing on air transport, with interesting ramifications for its legal aspects which will be discussed below. According to Cisco IoE is “a $19 trillion global opportunity over the next decade: Private-sector firms can create as much as $14.4 trillion of value while cities, governments and other public-sector organizations can create $4.6 trillion”. Cisco goes on to say that “(IoT) brings together people, process, data and things to make networked connections more relevant and valuable than ever before – turning information into actions that create new capabilities, richer experiences and unprecedented economic opportunity for businesses, individuals and countries”.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
- 2.
- 3.
Bajarin (2014).
- 4.
Ibid.
- 5.
- 6.
Supra note 62 in Chap. 5.
- 7.
540 U.S. 644 (2004). On January 4, 1998, 52 year-old Dr. Abid M. Hanson died while a passenger on Olympic Flight 417 between Athens, Greece and New York City. His death occurred after he suffered complications when he was exposed to ambient second-hand smoke while seated in the airplane’s non-smoking section three rows in front of the smoking section. The plane had clearly demarcated sections for seating, one for smokers and one for non-smokers, though no partition separated the two. Dr. Hanson’s wife, Rubina Husain, had asked Olympic’s employees on multiple occasions with increasing urgency to move Dr. Hanson to another seat away from the smoking section. She explained the critical reasons Dr. Hanson had to move and made her concerns known about the consequences of leaving him exposed to the offensive smoke. Ms. Husain’s requests were ignored, primarily by the flight attendant. Dr. Hanson died from a severe asthma attack caused by the smoke exposure.
- 8.
470 U.S. 392 (1985). On November 16, 1980, respondent Valerie Saks boarded an Air France jetliner in Paris for a 12-hour flight to Los Angeles. The flight went smoothly in all respects until, as the aircraft descended to Los Angeles, Saks felt severe pressure and pain in her left ear. The pain continued after the plane landed, but Saks disembarked without informing any Air France crew member or employee of her ailment. Five days later, Saks consulted a doctor who concluded that she had become permanently deaf in her left ear. Saks filed suit against Air France in California state court, alleging that her hearing loss was caused by negligent maintenance and operation of the jetliner’s pressurization system.
- 9.
739 F.2d 130, 131 (3d Cir.1984).
- 10.
[2003] VSCA 227, 17, 2003 WL 23000692 (Dec. 23, 2003).
- 11.
Id 242.
- 12.
Cunningham (2008).
- 13.
(1999) 56F Supp 2d 1190.
- 14.
(2000) 27 Avi 18,428.
- 15.
17 April 1991, 23 Avi. 17,367.
- 16.
358 N.Y.S. 2d 97 (1974), 13 Avi. 17,231.
- 17.
368 F Supp. 1152 (1973), 12 Avi 18,405.
- 18.
For a detailed discussion on this subject see Desbiens (1992), p. 153 at pp. 159–166.
- 19.
(D.C.N.Y. 1972) 351 F. Supp. 702.
- 20.
Dorland (2007), p. 1573.
- 21.
ICD-10 (1992), p. 349.
- 22.
Ibid.
- 23.
ICD-10 (1992), p. 350.
- 24.
Langley and Brenner (2004).
- 25.
Miller (1966), p. 258.
- 26.
Accident neurosis must be distinguished from examples of true depressive illness of endogenous pattern beginning shortly after cerebral trauma.
- 27.
Ibid.
- 28.
Ibid.
- 29.
Rassool (2007), p. 113. Also at www.kellyconnor.com/research/f/phd_thesis.pdf.
- 30.
Id. 117–118.
- 31.
Chicago Convention, id., Article 55 c).
- 32.
- 33.
Amin (1999).
- 34.
Merritt and Helmreich (1996), pp. 5–24.
- 35.
Gladwell (2008).
- 36.
Id. Chapter Seven, at 177–223.
- 37.
Id, 185.
- 38.
Id 193.
- 39.
Id. 207.
- 40.
Culture is the behaviour, customs, values, language and beliefs of a social group. See Tam and Duley (2005).
- 41.
Korean Airline Pilots, Arrogant Physicians, and Life-or-Death Decision Making, December 13, 2008 at http://physioprof.wordpress.com/2008/12/13/korean-airline-pilots-arrogant-physicians-and-life-or-death-decisionmaking/.
- 42.
Schultz (2002).
- 43.
Ibid.
- 44.
Lima (2000), pp. 85–89 at 86.
- 45.
Ibid.
- 46.
Amin (1999), ibid.
- 47.
Mcfadden (1996), pp. 443–450.
- 48.
Turney (1995), pp. 262–268.
- 49.
Job (2011), pp. 62–65. ICAO Document 9683 states that Human Factors is multidisciplinary in nature. human error. For example, information is drawn from psychology to understand how people process information and make decisions. From psychology and physiology comes an understanding of sensory processes as the means of detecting and transmitting information on the world about us. See Human Factors Training Manual Doc 9683-AN/950 First Edition—1998 at 1.2.5.
- 50.
Crew Resource Management is the species of the genus Human Resource Management which has been defined as: “a set of processes, which – through the recruitment, training, motivation, appraisal, reward, and development of individuals, and through the effective handling of industrial relations – translates strategy into action. See Holloway (1998), cited in Applebaum and Fewster (1999), p. 70.
- 51.
Yavacone (1999), pp. 392–395.
- 52.
Applebaum and Fewster (1999), p. 70.
- 53.
Secretary of Aviation Report On Tenerife Crash: KLM, B-747, PH-BUF and Pan Am B-747 N736 collision at Tenerife Airport Spain on 27 March 1977. Report dated October 1978 released by the Secretary of Civil Aviation, Spain. Aircraft Accident Digest (ICAO Circular 153-AN/56), pp. 22–68.
- 54.
Ibid.
- 55.
Human Factors Training Manual, supra note 49 in this chapter, at 1.4.2.
- 56.
Id. 1.4.3.
- 57.
This practice was, in fact in place before the events of 11 September 2001 in the United States. See Richards (2007), p. 343.
- 58.
The MFD (Multi Function Device) is a big, multicolour GPS moving map on the screen of the dashboard. The MFD is a small screen in an aircraft surrounded by multiple buttons that can be used to display information to the pilot in numerous configurable ways. Often an MFD will be used in concert with a PFD (Primary Flight Display). MFDs are part of the digital era of modern planes or helicopter. The first MFDs were introduced by air forces. The advantage of an MFD over analog display is that an MFD does not consume much space in the cockpit.
- 59.
A flight management system or FMS is a computerized avionics component installed in most commercial and business aircraft to assist pilots in navigation, flight planning, and aircraft control functions. FMS is composed of three major components: FMC—Flight Management Computer; AFS—Auto Flight System, and Navigation System including IRS—Internal Reference System and the Global Positioning System—GPS.
- 60.
The ICAO Assembly, comprised of the Organization’s 191 Member States, meets once every 3 years. An extraordinary meeting of the Assembly may be convened by the Council at any time. The powers and duties of the Assembly are stated in Article 49 of the Chicago Convention.
- 61.
The ICAO Council is a permanent body responsible to the Assembly. It is composed of 36 Member States elected by the Assembly. In electing the members of the Council, the Assembly gives adequate representation to States of chief importance to air transport; States not otherwise included which make the largest contribution to the provision of facilities for international air navigation; and States not otherwise included whose designation will ensure that all the major geographic areas of the world are represented on the Council. The mandatory and permissive functions of the Council are stipulated in Articles 54 and 55 of the Convention on International Civil Aviation respectively. The Council has its genesis in the Interim Council of the Provisional International Civil Aviation Organization (PICAO). PICAO occupied such legal capacity as may have been necessary for the performance of its functions and was recognised as having full juridical personality wherever compatible with the Constitution and the laws of the State concerned. See Interim Agreement on International Civil Aviation, opened for signature at Chicago, December 7 1944, Article 3. Also in Hudson (1942–1945), p. 159.
- 62.
See C-DEC 168/9.
- 63.
Doc 9835, AN/453, First Edition 2004.
- 64.
Article 33 is on the subject of Recognition of certificates and licenses. It provides that certificates of airworthiness and certificates of competency and licenses issued or rendered valid by the member State in which the aircraft is registered, shall be recognized as valid by the other member States, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention.
- 65.
Article 39 is on the subject of endorsement of certificates and licenses. It provides: (a) that any aircraft or part thereof with respect to which there exists an international standard of airworthiness or performance, and which failed in any respect to satisfy that standard at the time of its certification, shall have endorsed on or attached to its airworthiness certificate a complete enumeration of the details in respect of which it so failed; and (b) that any person holding a license who does not satisfy in full the conditions laid down in the international standard relating to the class of license or certificate which he holds shall have endorsed on or attached to his license a complete enumeration of the particulars in which he does not satisfy such conditions.
- 66.
Article 40 concerns the validity of endorsed certificates and licenses and provides that No aircraft or personnel having certificates or licenses so endorsed shall participate in international navigation, except with the permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.
- 67.
Article 38 concerns departures from international standards and procedures and provides that any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within 60 days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State.
- 68.
This Resolution was transmitted to all the 190 ICAO member States by the Secretary General of ICAO per State Letter AN 12/44.6-07/68 dated 26 October 2007.
- 69.
Article 40 provides that no aircraft or personnel having certificates or licenses so endorsed shall participate in international navigation, except with the permission of the State or States whose territory is entered. The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.
- 70.
Stress is a factor which can quickly undermine the emotional climate in which the crew is operating is stress—defined as a state of highly unpleasant emotional arousal associated variously with overload, fear, anxiety, anger and hostility—all of which threaten both individual performance and teamwork. Stress often arises as a result of a perceived gap between the demands of a situation and an individual’s ability to cope with these demands. As stress involves the processes of perception and evaluation, it impinges directly on the cognitive and interpersonal skills which form the basis of good CRM. Both arousal and alertness are necessary to enable each individual to achieve optimum performance in CRM-related skills, but too much or too little arousal will have a significantly adverse impact on the ability of the crew to function effectively as a team. It is therefore important for crew members not only to be aware of the symptoms of stress in themselves and others, but also to understand the effects which stress can have on CRM, and to mitigate these effects where possible by taking measures to counter them.
- 71.
A CRM skill is a goal-directed, well-organized behaviour that is acquired through practice and performed with economy of effort. See Proctor and Dutta (1995), p. 18.
- 72.
Colloquialisms should be avoided at all cost. There is a recorded instance of an air traffic controller in an airport in the United States deciding to ignore the standard rules governing Federal Aviation Administration (FAA) radio phraseology in communications to cockpits. He strongly exhorted more hustle on the part of pilots taxiing in a line of planes waiting to take off in the narrow gaps of airspace between planes landing on the same runway. As a result, the airport’s hourly rate of flights improved. The controller’s “hurry-up” attitude led to what is known as the “Pete Rose departure,” a reference to the former Cincinnati Reds baseball star nicknamed “Charlie Hustle.” Richards (2007), pp. 136–137.
- 73.
The responsibility of the pilot in command under rules of the air is both critical and grave. Standard 2.4 of Annex 2 to the Chicago Convention (Rules of the Air) states that the pilot-in-command of an aircraft shall have final authority as to the disposition of the aircraft while in command. It is therefore quite obvious that irresponsible conduct that would lead to an accident or incident would bring to bear negligence of the part of the pilot in command.
- 74.
Human Factors Training Manual, ICAO Doc 9683-AN/950, ICAO: Montreal First Edition—1998, at 2-2-7.
- 75.
5 Standard 5.12 of Annex 13 provides that the State conducting the investigation of an accident or incident shall not make the following records available for purposes other than accident or incident investigation, unless the appropriate authority for the administration of justice in that State determines that their disclosure outweighs the adverse domestic and international impact such action may have on that or any future investigations: (a) all statements taken from persons by the investigation authorities in the course of their investigation; (b) all communications between persons having been involved in the operation of the aircraft; (c) medical or private information regarding persons involved in the accident or incident; (d) cockpit voice recordings and transcripts from such recordings; and (e) opinions expressed in the analysis of information, including flight recorder information.
- 76.
Just Culture Guidance Material for Interfacing with the Judicial System, Edition date: 11.02.2008 Reference nr: 08/02/06-07.
- 77.
Ibid.
- 78.
Sochor (1991), p. 86.
- 79.
North Korean airspace extends well beyond the land borders of the country to include a large portion of the Sea of Japan (East Sea) and, to a lesser extent, a region over the Yellow Sea (West Sea).
- 80.
Martyn Williams, What’s going on with North Korean airspace? North Korea Tech, July 25 2014, http://www.northkoreatech.org/2014/07/25/whats-going-on-with-north-korean-airspace/.
References
Amin H (1999) Promoting a safety culture in aviation. http://harisamin.hubpages.com/hub/Safety-Culture-in-Aviation
Applebaum SH, Fewster BM (1999) Human resource management strategy in the global airline industry – a focus on organizational development. Business Briefing: Aviation Strategies: Challenges and Opportunities of Liberalization, p 70
Bajarin T (2014) The next big thing for tech: the internet of everything. 13 January 2014, Time/Tech. http://time.com/539/the-next-big-thing-for-tech-the-internet-of-everything/
Cunningham M (2008) The Montreal Convention: can passengers finally recover for mental injuries? Phoenix School of Law, From Selected Works of McKay Cunningham, January 2008. http://works.bepress.com/mckay_cunningham/1
Desbiens C (1992) Air Carrier’s liability for emotional distress under Article 17 of the Warsaw Convention: can it still be invoked? Ann Air Space Law XVII, Part II:153
Dorland WAN (2007) Dorland’s Illustrated Medical Dictionary, 31st edn. Elsevier, Saunders, p 1573
Gladwell M (2008) Outliers – the story of success. Little Brown and Company, New York
Holloway S (1998) Changing planes: a strategic management perspective on industry in transition, vol 1: Situation analysis. Ashgate, Aldershot
ICD (1992) ICD-10, International Statistical Classification of Diseases and Related Health Problems (Tenth Revision), vol 1. World Health Organization, Geneva, p 349
Job M (2011) Falling off the mountain. Flightsafety, Sept–Oct 2011, (82):62–65
Langley J, Brenner R (2004) What is an injury? – a clear definition is needed. Inj Prev. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1730061/
Lima EP (2000) Paradigm shift in the cockpit. Air Transport World 37(11):86
Mcfadden KL (1996) Comparing pilot-error accident rate of male and female airline pilots. Omega Int J Manag Sci 24:443–450
Merritt AC, Helmreich RL (1996) Human factors on the flight deck: the influence of national culture. J Cross Cult Psychol 27:5–24
Miller H (1966) Mental after effects of head injury. Proc R Soc Med 59:258
Picard A (2014) When passengers fall ill at 30,000 feet: how medical emergencies are handled in the air. The Globe and Mail, 11 May 2014
Proctor RW, Dutta A (1995) Skill acquisition and human performance. Sage, Thousand Oaks, p 18
Rassool SB (2007) Psychological trauma and road traffic accidents. Doctoral thesis on clinical psychology, University of Hertfordshire, Chapter Four, Literary Review: 9 November 2007, p 113
Richards B (2007) Secrets from the tower. Ithaca Press, New York, p 343
Schultz J (2002) Hear what they are saying: the influence of culture on cockpit communication. http://www.odu.edu/ao/instadv/quest/CockpitCommun.html
Sochor E (1991) The politics of international aviation. Macmillan Press, London, p 86
Tam L, Duley J (2005) Beyond the west: cultural gaps in aviation human factors research. In: Proceedings of the Mini-Conference on Human Factors in Complex Sociotechnical Systems – 2005 1-1 to 1-5. www.sjhfes.org/miniconference/PDFs/01-Tam.pdf
Turney MA (1995) Womens’ learning and leadership styles: impact on CRM, applications of psychology to the aviation system. In: McDonald N, Johnston N, Fuller R (eds) Proceedings of the 21st conference of the European Association for Aviation Psychology (EAAP), vol 1. Ashgate, Aldershot, pp 262–268
Yavacone D (1999) Mishap trends and cause factors in naval aviation: a review of naval safety centre data, 1986–1990. Aviat Space Environ Med 64:392–395
Author information
Authors and Affiliations
Rights and permissions
Copyright information
© 2017 Springer International Publishing AG
About this chapter
Cite this chapter
Abeyratne, R. (2017). The Internet of Everything. In: Megatrends and Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-319-61124-2_7
Download citation
DOI: https://doi.org/10.1007/978-3-319-61124-2_7
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-61123-5
Online ISBN: 978-3-319-61124-2
eBook Packages: Law and CriminologyLaw and Criminology (R0)