aspl633-icao.pdf

8/14/2019 ASPL633-ICAO.pdf

http://slidepdf.com/reader/full/aspl633-icaopdf 1/22

The Chicago Convention as theThe Chicago Convention as the

Constitution of an InternationalConstitution of an International

(Civil Aviation) Organization(Civil Aviation) OrganizationProfessor Dr. Paul Stephen Dempseyrofessor Dr. Paul Stephen Dempsey

Director, Institute of Air Space Lawirector, Institute of Air Space Law

McGill UniversitycGill UniversityCopyrightopyright © 2008 by the author.008 by the author.

http://en.wikipedia.org/wiki/Image:Flag_of_ICAO.svg



The Chicago Convention of 1944The Chicago Convention of 1944has two principal functions:has two principal functions:

I.. THE CHICAGO CONVENTION IS A SOURCE OFHE CHICAGO CONVENTION IS A SOURCE OFINTERNATIONAL AIR LAW Articles 1NTERNATIONAL AIR LAW Articles 1-42)2)

II.I. THE CHICAGO CONVENTION IS THEHE CHICAGO CONVENTION IS THECONSTITUTION OF AN INTERNATIONALONSTITUTION OF AN INTERNATIONALORGANIZATION Articles 43RGANIZATION Articles 43-96)6) - ICAOCAO



The Chicago ConferenceThe Chicago Conference

The Chicago Conference laidThe Chicago Conference laidthe foundation for the postwarthe foundation for the postwar

establishment of theestablishment of theInternational Civil AviationInternational Civil AviationOrganization [ICAO].Organization [ICAO].

The Provisional InternationalThe Provisional International

Civil Aviation OrganizationCivil Aviation Organization[PICAO] functioned from June 6,[PICAO] functioned from June 6,1945, until April 4, 1947.1945, until April 4, 1947.

ICAO began operations April 4,ICAO began operations April 4,1947, and that same year was1947, and that same year wasincluded under the umbrella ofincluded under the umbrella ofthe United Nationsthe United Nations’’ EconomicEconomic

and Social Council [ECOSOC].and Social Council [ECOSOC].



ICAO TodayICAO Today

A specialized branch of the A specialized branch of the

United Nations;United Nations;

Headquartered inHeadquartered inMontreal, with regionalMontreal, with regional

offices in Paris, Dakar,offices in Paris, Dakar,Cairo, Nairobi, Bangkok,Cairo, Nairobi, Bangkok,Mexico City & Lima.Mexico City & Lima.

190 member States (one190 member States (oneless than membership inless than membership inthe UN).the UN).



ICAOICAO’’ss Objectives under Art. 44Objectives under Art. 44

Ensure the safe and orderly growth of international civil aviatiEnsure the safe and orderly growth of international civil aviationonthroughout the world.throughout the world.

Encourage the arts of aircraft design and operation for peacefulEncourage the arts of aircraft design and operation for peacefulpurposes.purposes.

Encourage the development of airways, airports and air navigatioEncourage the development of airways, airports and air navigationnfacilities for international civil aviation.facilities for international civil aviation.

Meet the needs of the people of the world for safe, regular,Meet the needs of the people of the world for safe, regular,

efficient and economical air transport.efficient and economical air transport.Prevent economic waste caused by unreasonable competition.Prevent economic waste caused by unreasonable competition.

Ensure that the rights of the Contracting States are fully respeEnsure that the rights of the Contracting States are fully respectedctedand that every Contracting State has a fair opportunity to operaand that every Contracting State has a fair opportunity to operatete

international airlines.international airlines. Avoid discrimination between Contracting States. Avoid discrimination between Contracting States.

Promote safety of flight in international air navigation.Promote safety of flight in international air navigation.

Promote generally the development of all aspects of internationaPromote generally the development of all aspects of internationall

civil aeronautics.civil aeronautics.



ICAOICAO’’ss Organizational StructureOrganizational Structure

ICAO is comprised of an Assembly, aICAO is comprised of an Assembly, a

Council and a Secretariat.Council and a Secretariat.The principal officers of ICAO are theThe principal officers of ICAO are the

President of the Council, and thePresident of the Council, and theSecretary General.Secretary General.

http://upload.wikimedia.org/wikipedia/en/2/20/ICAO.JPG



The ICAO SecretariatThe ICAO Secretariat

The Secretariat is headed by the SecretaryThe Secretariat is headed by the Secretary

General elected by the Council.General elected by the Council.

It is divided into five principal divisionsIt is divided into five principal divisionscorresponding to the committees andcorresponding to the committees and

commissions of the Council:commissions of the Council:the Air Navigation Bureau,the Air Navigation Bureau,

the Air Transport Bureau,the Air Transport Bureau,

the Technical Cothe Technical Co--operation Bureau,operation Bureau,the Legal Bureau, andthe Legal Bureau, and

the Bureau of Administration and Services.the Bureau of Administration and Services.



ASSEMBLY

COUNCIL

PRESIDENT

Air Navigation Commission

Air Transport Committee

Personnel Committee

Technical Cooperation Committee

Committee on Unlawful Interference

Finance Committee

Committee on Joint Supportof Air Navigation Services

SECRETARY-

GENERAL

Air Navigation Bureau

Air Transport Bureau

Legal Bureau

Technical Cooperation Bureau

Bureau of Administration

and Services



The AssemblyThe Assembly

Composed of representatives from all 190Composed of representatives from all 190Contracting States, the ICAO Assembly is theContracting States, the ICAO Assembly is the

sovereign body of ICAO.sovereign body of ICAO.It meets every three years, reviewing in detailIt meets every three years, reviewing in detailthe work of the Organization, setting policy forthe work of the Organization, setting policy for

the forthcoming years, and passing a triennialthe forthcoming years, and passing a triennialbudget.budget.

The Assembly elects the members of theThe Assembly elects the members of the

Council, the governing body, for a threeCouncil, the governing body, for a three--yearyearterm.term.

The Assembly approves budgets and financialThe Assembly approves budgets and financialarrangements.arrangements.



The CouncilThe Council

The Council is the executive bodyThe Council is the executive bodyof ICAO.of ICAO.

It is comprised of members electedIt is comprised of members electedby the Assembly from 36 Statesby the Assembly from 36 States(originally 27 States):(originally 27 States):

PART IPART I -- States of chief importanceStates of chief importancein air transportin air transport

PART IIPART II -- States which make theStates which make thelargest contribution to the provisionlargest contribution to the provisionof facilities for air navigationof facilities for air navigation

PART IIIPART III -- States whose designationStates whose designation

will ensure that all major areas ofwill ensure that all major areas ofthe world are representedthe world are represented

Chicago Convention Art. 50(b)Chicago Convention Art. 50(b)



The CouncilThe Council

Unlike the executive institutions of its U.N. siblings, the CounUnlike the executive institutions of its U.N. siblings, the Council is acil is apermanent body.permanent body.

It elects the Secretary General and members of permanentIt elects the Secretary General and members of permanentcommissions.commissions.

It submits annual reports to Assembly.It submits annual reports to Assembly.

The Council is generally responsible for implementing ICAO objecThe Council is generally responsible for implementing ICAO objectives.tives.

Moreover, it was vested with both quasiMoreover, it was vested with both quasi--legislative power (in its abilitylegislative power (in its abilityto adopt standards and recommended practices [SARPS]), andto adopt standards and recommended practices [SARPS]), andquasiquasi-- judicial power (in its ability to settle disputes arising under judicial power (in its ability to settle disputes arising under thetheChicago Convention).Chicago Convention).

The Council adopts Standards and Recommended Practices asThe Council adopts Standards and Recommended Practices as

Annexes to the Chicago Convention. Annexes to the Chicago Convention.In the development of Standards, the Council is assisted by theIn the development of Standards, the Council is assisted by the Air Air

Navigation Commission in technical matters, the Air TransportNavigation Commission in technical matters, the Air TransportCommittee on economic matters, and the Committee on UnlawfulCommittee on economic matters, and the Committee on UnlawfulInterference on aviation security matters.Interference on aviation security matters.



Council PresidentsCouncil Presidents

Edward Pearson Warner Edward Pearson Warner

((United StatesUnited States) (1947) (1947--1957)1957)

Walter BinaghiWalter Binaghi (( Argentina Argentina))

(1957(1957--1976)1976) Assad Kotaite Assad Kotaite ((LebanonLebanon))

(1976(1976--2006)2006)Roberto Kobeh GonzalezRoberto Kobeh Gonzalez((MexicoMexico) (2006) (2006--Present)Present)

http://en.wikipedia.org/wiki/Edward_Pearson_Warner


http://en.wikipedia.org/wiki/United_States


http://en.wikipedia.org/w/index.php?title=Walter_Binaghi&action=edit&redlink=1


http://en.wikipedia.org/wiki/Argentina


http://en.wikipedia.org/wiki/Assad_Kotaite


http://en.wikipedia.org/wiki/Lebanon


http://en.wikipedia.org/w/index.php?title=Roberto_Kobeh_Gonzalez&action=edit&redlink=1


http://en.wikipedia.org/wiki/Mexico












http://www.icao.int/icao/en/anb/mais/




The Process of Adopting SARPSThe Process of Adopting SARPS

Proposed technical SARPS are reviewed first by the AirProposed technical SARPS are reviewed first by the AirNavigation CommissionNavigation Commission

Proposed SARPS areProposed SARPS are ““vettedvetted”” to States for commentto States for commentand consultationand consultation

The Council approves new SARPS by a twoThe Council approves new SARPS by a two--thirdsthirdsmajoritymajority

TheThe ““Green EditionGreen Edition”” is circulated to member States fouris circulated to member States fourmonths before the Effective Datemonths before the Effective Date

A majority of States can veto the SARPS by registering A majority of States can veto the SARPS by registering

their disapproval (but this has never happened)their disapproval (but this has never happened)States also mayStates also may ““opt outopt out”” by registering their differencesby registering their differences

After the Effective Date, the Secretariat issues a After the Effective Date, the Secretariat issues a ““BlueBlueEditionEdition”” of the SARPSof the SARPS

States are expected to comply except to the extent theyStates are expected to comply except to the extent theyhave registered differenceshave registered differences



The AnnexesThe Annexes

Annex 1: Personnel Licensing Annex 1: Personnel Licensing

Annex 2: Rules of the Air Annex 2: Rules of the Air

Annex 3: Meteorology Annex 3: Meteorology

Annex 4: Aeronautical Charts Annex 4: Aeronautical Charts

Annex 5: Units of Measurement to Be Used in Air Annex 5: Units of Measurement to Be Used in Air --Ground CommunicationsGround Communications

Annex 6: Operation of Aircraft, International Commercial Air Tra Annex 6: Operation of Aircraft, International Commercial Air Transportnsport

Annex 7: Aircraft Nationality and Registration Marks Annex 7: Aircraft Nationality and Registration Marks

Annex 8: Airworthiness of Aircraft Annex 8: Airworthiness of Aircraft Annex 9: Facilitation of International Air Transport Annex 9: Facilitation of International Air Transport

Annex 10: Aeronautical Telecommunication Annex 10: Aeronautical Telecommunication

Annex 11: Air Traffic Services Annex 11: Air Traffic Services

Annex 12: Search and Rescue Annex 12: Search and Rescue Annex 13: Aircraft Accident Inquiry Annex 13: Aircraft Accident Inquiry

Annex 14: Aerodromes Annex 14: Aerodromes

Annex Annex 15:15: Aeronautical Aeronautical Information ServicesInformation Services

Annex Annex 16:16: EnvironmentalEnvironmental ProtectionProtection

Annex 17: Security Annex 17: Security ---- Safeguarding International Civil Aviation Against ActsSafeguarding International Civil Aviation Against Actsof Unlawful Interferenceof Unlawful Interference

Annex 18: Safe Transport of Dangerous Goods by Air Annex 18: Safe Transport of Dangerous Goods by Air



State DutiesState Duties

Under Article 12 of the Chicago Convention, it is theUnder Article 12 of the Chicago Convention, it is theresponsibility of every member State to keep its ownresponsibility of every member State to keep its own

regulations uniformregulations uniform ““to the greatest possible extentto the greatest possible extent”” withwiththe Standards and Recommended Practicesthe Standards and Recommended Practicespromulgated by ICAO.promulgated by ICAO.

Under Article 37, States are obliged toUnder Article 37, States are obliged to ““collaborate incollaborate insecuring the highest practicable degree of uniformitysecuring the highest practicable degree of uniformity”” inintheir domestic law, regulations and procedures withtheir domestic law, regulations and procedures withSARPsSARPs..

But if they find itBut if they find it ““impracticable to complyimpracticable to comply””, under Article, under Article38, they are to notify ICAO of differences between their38, they are to notify ICAO of differences between theirown practices and those established by theown practices and those established by the SARPsSARPs..



PANS & SUPPSPANS & SUPPS

ICAO also issues Procedures for Air Navigation Services [PANS],ICAO also issues Procedures for Air Navigation Services [PANS],[1][1] andandRegional Supplementary Procedures [SUPPS].Regional Supplementary Procedures [SUPPS].[2][2] Still another form ofStill another form ofrulemaking that has been employed by the Council is the Technicarulemaking that has been employed by the Council is the Technicall

Instructions which provide detailed explanations of how AnnexesInstructions which provide detailed explanations of how Annexes are to beare to beimplemented.implemented.

[1][1] ““Procedures for Air Navigation Services (or PANS) comprise operatProcedures for Air Navigation Services (or PANS) comprise operatingingpractices and material too detailed for Standards or Recommendedpractices and material too detailed for Standards or RecommendedPracticesPractices -- they often amplify the basic principles in the correspondingthey often amplify the basic principles in the corresponding

Standards and Recommended Practices. To qualify for PANS status,Standards and Recommended Practices. To qualify for PANS status, thethematerial should be suitable for application on a worldwide basismaterial should be suitable for application on a worldwide basis. The. TheCouncil invites Contracting States to publish any differences inCouncil invites Contracting States to publish any differences in theirtheir

Aeronautical Information Publications when knowledge of the diff Aeronautical Information Publications when knowledge of the diff erences iserences isimportant to the safety of air navigation.important to the safety of air navigation.”” http://http://www.icao.int/icao/en/anb/maiswww.icao.int/icao/en/anb/mais//

[2][2] ““Regional Supplementary Procedures (orRegional Supplementary Procedures (or SUPPsSUPPs) have application in the) have application in therespective ICAO regions. Although the material in Regional Supplrespective ICAO regions. Although the material in Regional SupplementaryementaryProcedures is similar to that in the Procedures for Air NavigatiProcedures is similar to that in the Procedures for Air Navigation Services,on Services,SUPPsSUPPs do not have the worldwide applicability of PANS.do not have the worldwide applicability of PANS.””http://http://www.icao.int/icao/en/anb/maiswww.icao.int/icao/en/anb/mais//

















ICAO as a Forum for MultilateralICAO as a Forum for Multilateral

ConventionsConventionsThe ICAO Legal Committee is open to all ICAO memberThe ICAO Legal Committee is open to all ICAO memberStates.States.

If the textsIf the texts aare mature, diplomatic conference to adoptre mature, diplomatic conference to adoptnew instruments.new instruments.

n the area of aviation security, ICAO served as then the area of aviation security, ICAO served as theinstitution which prepared, and facilitated the adoptioninstitution which prepared, and facilitated the adoption

and acceptance of theand acceptance of the Tokyo Convention of 1963Tokyo Convention of 1963, the, theHague Convention of 1970Hague Convention of 1970, and the, and the MontrealMontrealConvention of 1971Convention of 1971..

ICAO also has served as the forum for severalICAO also has served as the forum for severalconventions and protocols which have sought to updateconventions and protocols which have sought to updatethethe Warsaw Convention of 1929Warsaw Convention of 1929 on carrier liability: Theon carrier liability: TheHague Protocol of 1955,Hague Protocol of 1955, thethe Guadalajara Convention ofGuadalajara Convention of1961,1961, thethe Guatemala City Protocol of 1971, MontrealGuatemala City Protocol of 1971, Montreal

Protocols 1Protocols 1--4 of 1975,4 of 1975, and theand the Montreal Convention ofMontreal Convention of19991999..



ICAO as a Dispute ResolutionICAO as a Dispute Resolution

BodyBodyICAO has been asked to exercise itsICAO has been asked to exercise its quaisquais-- judicial judicialdispute resolution functions on only five occasions:dispute resolution functions on only five occasions:

India v. PakistanIndia v. Pakistan (1952)(1952) – – involving Pakistaninvolving Pakistan’’s refusal tos refusal toallow Indian commercial aircraft to fly over Pakistan;allow Indian commercial aircraft to fly over Pakistan;

United Kingdom v.United Kingdom v. SpainSpain (1969)(1969) – – involving Spaininvolving Spain’’ssrestriction of air space at Gibraltar;restriction of air space at Gibraltar;

Pakistan v.Pakistan v. IndiaIndia (1971)(1971) – – involving Indiainvolving India’’s refusal tos refusal toallow Pakistani commercial aircraft to fly over India;allow Pakistani commercial aircraft to fly over India;

Cuba v.Cuba v. United StatesUnited States (1998)(1998) – – involving the US refusalinvolving the US refusal

to allow Cubato allow Cuba’’s commercial aircraft to fly over the Uniteds commercial aircraft to fly over the UnitedStates; andStates; and

United States v.United States v. Fifteen European StatesFifteen European States (2003)(2003) – –involving EU noise emission regulationsinvolving EU noise emission regulations



Convention on International Civil AviationConvention on International Civil Aviation

Convention relativeConvention relative àà l'aviationl'aviation civilecivileinternationaleinternationale

ConvenioConvenio sobresobre Aviaci Aviacióónn CivilCivil

InternacionalInternacional

КонвенцияКонвенция оо международноймеждународной

гражданскойгражданской авиацииавиации



The Chicago Convention as theThe Chicago Convention as the

Constitution of an InternationalConstitution of an InternationalOrganizationOrganization

Professor Dr. Paul Stephen Dempseyrofessor Dr. Paul Stephen DempseyDirector, Institute of Air Space Lawirector, Institute of Air Space Law

McGill UniversitycGill UniversityCopyrightopyright © 2008 by the author.008 by the author.



Blacklistinglacklisting

Professor Dr. Paul Stephen Dempseyrofessor Dr. Paul Stephen DempseyDirector, Institute of Air Space Lawirector, Institute of Air Space Law

McGill UniversitycGill University

www.iasl.mcgill.cawww.iasl.mcgill.cahttp://www.mcgill.ca/iasl/

aspl633-icao.pdf

Documents