The State Responsibility for the Implementation of Maneuvering Characteristics Augmentation System (MCAS) Under the 1944 Chicago Convention

Abstract

As the technology advances, the need for transportation technology is increasing. The anti-stall system known as the Maneuvering Characteristics Augmentation System (MCAS) implemented on Boeing 737 MAX 8, allegedly caused two plane crashes involving Lion Air JT610 in October 2018 and Ethiopian Airlines in March 2019. In this matter, the flight crew did not receive training about this new system. Boeing also did not include the MCAS system in the existing manual book. This research aims to determine whether the state is responsible for the absence of pilot training on the latest system developed by the Boeing Company as the aircraft manufacturer. This research found that besides the state’s duties in making aviation regulations, the responsibility is limited to supervision and investigation when an accident occurs. The conclusion is that aircraft manufacturing companies need to reform the international regulations that specifically address their governing responsibilities.