Aviation security is governed by a series of international treaties adopted by International Civil Aviation Organization (ICAO) which are binding to its signatory contracting Member States. Its effective implementation to a great extent relies on each individual Member State in its integration of these international instruments to its domestic legal system. While having made significant efforts in this endeavour, China is unable to implement these treaties in full, with one of the difficulties being ambiguous, implicit, narrower, dispersed, fragmented, and inconsistent stipulations and provisions in its domestic legislation. This article examines China’s practice in incorporating and implementing international aviation security conventions in its domestic legal framework, hence identifying the discrepancies and challenges in China’s application practice. It argues that China should take a more unified approach to ensure a further coherent integration of international treaties and domestic law so as to fulfil its international obligation more responsibly. Suggestions are made in the hope that a well-developed and all-embracing legal order can be established to combat any acts threatening the safety of international air transport to safeguard a safe, healthy, and orderly development of the industry.
Air and Space Law