Who has Jurisdiction of The Air During an International Health Crisis?

Abstract Despite the attacks of September 11th and other subsequent terrorist attacks, the world community, as a whole, seemingly fails to comprehend the high risk of a biological health incident. Not only can an infectious disease cause significantly more damage than any number of physical terrorist attacks combined, but the relative ease with which an outbreak can occur is frightening. Such biological health threats are compounded by the possibility that such outbreaks may result from the lack of malicious intent. Thus, the question becomes more of a matter of when, not if, a major outbreak will occur. The global population needs to be aware of the imminent threat that a biological outbreak poses, especially during international travel. Because of the imminent nature of a likely biological disaster, countries need to be well prepared to handle such situations. History has shown that even the most developed and technologically advanced countries have failed at controlling extreme biological situations. The increasing charge of international flight travel further magnifies the fragile nature of global health. A small incident with a single patient can snowball quickly into a world-wide pandemic, well before anyone is even aware of a problem. As a result, countries have a vital interest in regulating international flight patterns and follow various rules and regulations in order to promote safe and efficient air travel. This paper examines the different legal issues and authorities that would come into play and then provides recommendations to address biologically threatening situations.