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60 Va. J. Int'l L. Online [i] (2019)

handle is hein.journals/vajoillw60 and id is 1 raw text is: After the Max: Rebuilding U.S. Aviation Leadership RONCEVERT GANAN ALMOND* From the inception of powered flight to the establishment of an international aviation legal regime, the United States has served as the long-time leader of the global aviation system. The international response to the recent crashes of Boeing 737 MAX aircraft suggests thatAmerica's leadership is now in question. The United States' system of regulation is currently under international scrutiny. The accidents in Indonesia and Ethiopia have raised dificult questions concerning the FederalAviation Administration's oversightpractices, the role and influence of industry, and the U.S. government's handling of accidents involving U.S.-manufactured aircraft. The Trump administration'spolitical response, deregulatory agenda, and disdain for international institutions have aggravated these concerns. This essay argues that the United States should approach the 737 MAX accidents as an opportunity to rebuild its leadership role by conducting a thorough and transparent investigation and reforming its regulatory oversightprogram. Investigators must closely examine the FAA's system of delegation, which may not have included adequate supervision and technical control over designated organizations such as Boeing. According to prior investigations, at the time of the 737 MAX certification, the ageny's designee oversight was not consistent with U.S. obligations under international law and bestpractices in aviation safety. More recent reviews, following the 737 MAX accidents, support this conclusion. Areas for reform include: (1) increasing supervision and control of appointedpersonnel at designated organisations; (2) improving the staffing methodology and trainingprogram forFAA aircraft engineers overseeing designees; (3) developing more effective guidance material and job aids to enable oversight of delegated functions; (4) escalating surveillance and enforcement in relation to designated organisations; and (5) providing the adequatepolitical will and resources for the FAA to strengthen its oversight of industry designees. After the 737 MAX accident, through a comprehensive investigation and robust reform, the United States can lift the baseline for aviation regulation andgovernance worldwide. Partner at The Wicks Group, adjunct professor of law, Georgetown University Law Center, member of the Editorial Board, THE AIR & SPACE LAWYER, contributing author to AVIATION REGULATION IN THE UNITED STATES (ABA 2014); J.D., cum laude, and M.A., Duke University; B.A., cum laude, George Washington University. The author has served as an adviser to government authorities overseeing aviation in Europe, Asia, the Middle East, Africa, and the Americas. The views expressed herein are strictly my own.

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