Abstract
ICAO has its genesis in Article 57 of the Charter of the United Nations which states: ICAO is the specialized agency of the United Nations handling issues of international civil aviation. ICAO was established by the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (Chicago Convention). One of the overarching objectives of ICAO, as contained in Article 43 of the Convention is to foster the planning and development of international air transport so as to meet the needs of the peoples for safe, regular, efficient and economical air transport. ICAO has 191 member States, who become members of ICAO by ratifying or otherwise issuing notice of adherence to the Chicago Convention. See ICAO Doc 7300/9 Ninth Edition 2008.
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Notes
- 1.
ICAO is the specialized agency of the United Nations handling issues of international civil aviation. ICAO was established by the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 (Chicago Convention). One of the overarching objectives of ICAO, as contained in Article 43 of the Convention is to foster the planning and development of international air transport so as to meet the needs of the peoples for safe, regular, efficient and economical air transport. ICAO has 191 member States, who become members of ICAO by ratifying or otherwise issuing notice of adherence to the Chicago Convention. See ICAO Doc 7300/9 Ninth Edition 2008.
- 2.
Charter of the United Nations and Statute of the International Court of Justice, United Nations: New York, DPI/511-40108 (3-90) 100M, Article 57.1 and 57.2.
- 3.
Chicago Convention, supra, note 1, Article 44.
- 4.
Early in the discussions during the Chicago Conference of 1944 which led to the adoption of the Chicago Convention, the Committee on Multilateral Aviation Convention and International Aeronautical Body rejected the joint proposal from the New Zealand and Australian Delegations for international ownership and operation of civil air services on world trunk routes. The rejection of that proposal indicated the tendency of the Conference away from extensive international control of air services. Of the three other plans which remained before the Committee, the United States plan called for an international aviation authority with powers limited to the technical and consultative fields; the Canadian plan aimed to set up international authority with power to allocate routes, review rates, and determine frequencies of operation, but with that power curbed by specific formulae under which the authority would operate; and the United Kingdom plan proposed more discretionary power to the international authority in allocating routes, fixing rates, and determining frequencies. It was soon obvious that none of the three plans would emerge intact from the discussions and that the final Conference proposal, if agreement were reached, would be a composite of all plans. See Proceedings of the International Civil Aviation Conference, Chicago, Illinois, November 1 to December 7, Vol. I, The Department of State, United States Government Printing Office, Washington:1948, at 539–540.
- 5.
Gordenker (1991), p. 71.
- 6.
Earlier, ICAO had four Strategic Objectives. They were: Safety—Enhance global civil aviation safety; Security—Enhance global civil aviation security; Environmental Protection—Minimize the adverse effect of global civil aviation on the environment; and Sustainable Development of Air Transport.
- 7.
Jenks (1945), pp. 11, 19.
- 8.
White (1999), pp. 223–238.
- 9.
Transport and Telecommunications Council, Luxemburg, 16 October 2001.
- 10.
Garvey (2001).
- 11.
Id. at p. 2.
- 12.
Harmonization in this context means consistence in the various national regional and global rules, regulations procedures and practices. Standardization is conformance and compliance.
- 13.
The International Air Transport Association, an association of air carriers, was formed in 1919 as the International Air Traffic Association. Encapsulated in IATA’s overall mission are seven core objectives: to promote safe, reliable and secure air services; to achieve recognition of the importance of a healthy air transport industry to worldwide social and economic development; to assist the air transport industry in achieving adequate levels of profitability; to provide high quality, value for money, industry-required products and services that meet the needs of the customer; to develop cost effective, environmentally-friendly standards and procedures to facilitate the operation of international air transport; to identify and articulate common industry positions and support the resolution of key industry issues; and to provide a working environment which attracts, retains and develops committed employees.
- 14.
For purposes of this book, connectivity refers to optimizing airline connections through market access.
- 15.
Report of the International Law Commission to the General Assembly on the Work of the 1st Session, A/CN.4/13, 9 June 1949, at 21.
- 16.
Supiot (2010), pp. 151–162 at 152.
- 17.
See International Transport Workers’ Federation and Finnish Seamens’ Union v. Viking Line ABP and OU Viking Line Easti, ECR 2007, 1-10779 (Case C-438/05, 6 December 2007). Also, Centros Ltd. v. Erhvervs-og Selskabsstyrelsen, ECR, 1-1459case no. C-212/97, 9 March 1999. For an air transport analogy see Abeyratne (2004), pp. 585–601.
- 18.
Doganis (2001) at 11.
- 19.
Porter (1998) at p. 45.
- 20.
IATA Position Paper on Liberalization at http://www.iata.org/policy/Pages/liberalization.aspx.
- 21.
- 22.
Secretary-General Ban Ki-moon’s Speech at World Economic Forum Davos, Switzerland (29 January 2009).
- 23.
A/57/387 and Corr.1.
- 24.
ICAO Journal, Vol. 67, No. 6. At 11.
- 25.
African Air Transport Capacity, Africa is Ready for Action, The Avmark Aviation Economist, October 2002 at p. 17.
- 26.
Central African Republic, Republic of the Congo, Republic of the Ivory Coast, Republic of Gabon, Republic of Dahomey, Republic of Upper Volta, Islamic Republic of Mauritania, Republic of Niger, Republic of Senegal and the Republic of Chad.
- 27.
See ICAO Circular 98-AT/19, 1970 for text of the Treaty.
- 28.
See, Convention on International Civil Aviation, signed at Chicago on 7 December 1944. Cited at supra, note 1.
- 29.
Id. Article 3.
- 30.
See Report of the African Civil Aviation Commission, Eleventh Plenary Session (AFCAC/11), Blantyre, 22–31 May 1989, Dakar: 1990, Appendix, for the text of the Yamoussoukro Declaration.
- 31.
See, United Nations Economic Commission for Africa, TRANS/EXP/94-07 Annex 1.
- 32.
Id. para 2.1.
- 33.
A/RES/57/7 dated 20 November 2002, Final Review and Appraisal of the United Nations New Agenda for the Development of Africa in the 1990s and Support for the NEPAD.
- 34.
A/RES/46/151 (dated 18 December 1991); A/RES/48/219 (dated 23 December 1993); A/RES/49/142 (dated 23 December 1994); A/RES/51/32 (dated 6 December 1996); and A/RES/51/216 (dated 21 December 2000).
- 35.
Adopted at the High Level Plenary Meeting of the General Assembly, held on 16 September 2002.
- 36.
A/RES/57/48 (dated 20 January 2003) Cooperation Between the United Nations and the African Union.
- 37.
The Organization of African Unity was established in 1963 in Addis Ababa with a membership of 32 African States. It has now 53 independent States. The objectives of the Organization are, inter alia, to promote unity and solidarity in African States; to coordinate and intensify their cooperation and efforts to achieve a better life for the African people; to defend the sovereignty and territorial integrity of African States.
- 38.
A/RES/57/48 supra note 34, Clause 12.
- 39.
The Yamoussoukro Decision, which provides for the implementation of the Yamoussoukro Declaration, deals with the liberalization of air transport market access in Africa. Its main objectives are to: (a) facilitate inter-African connectivity; and (b) develop an inter-African network. Its provisions include removal of obstacles, such as restrictions on traffic rights including fifth freedom rights, restrictions and limitations on capacity and frequency between city-pairs, and lack of multiple designation possibilities for competing airlines. Compared to the standard bilateral Air Services Agreement (ASA), the YD gives eligible airlines of all African States fair and equal opportunities to compete based on a common set of harmonized rules and eligibility criteria.
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Abeyratne, R. (2014). The Nature and Role of ICAO. In: Regulation of Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-319-01041-0_1
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