Abstract
Arguably, the most important consideration for ICAO in this important and contentious exercise is to realize that in the ultimate analysis, it is its own enemy. Much of the work involved over the triennium 2014–2016 lies with the Secretariat. Yet, there is hardly evidence that this is a collective exercise. There should be at least three bureaux of ICAO continuously involved in developing a global MBM scheme and they are the Air Transport Bureau (ATB), the Air Navigation Bureau (ANB) and the Legal Affairs and External Relations Bureau (LEB). In most if not all meetings conducted by ICAO, particularly at the Council level, LEB is not present. The limitations of LEB input is reflected in the three superficial and woefully inadequate paragraphs in the Report of the Assessment of Market—Based Measures.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Although Jacob Schenkman, in his well documented and logically reasoned treatise on ICAO states that “The Council has been entrusted with duties, powers and functions…” he does not give a single example of such a power. See Capt. Jacob Schenkman, International Civil Aviation Organization, Librairie E. Droz: Geneve, 1955 at 158.
- 2.
Article 49 of the Convention.
- 3.
Article 49 h.
- 4.
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports, 1996, p. 64.
- 5.
Id. p. 79.
- 6.
PCIJ Reports Series A, No. 10, p. 4.
- 7.
Id. p. 18.
- 8.
PICAO Documents, Montreal, 1945, Volume 1, Doc 1, at 3.
- 9.
Id. Doc 2, at 2.
- 10.
Views of Commission No 3, Doc 4023, A-1 - P/3, 1/4/47. See also C-WP/369, 22/6/49 for a detailed discussion on the Commission's work on the Agreement.
- 11.
AT-WP/295, 15 Dec 52 at 5.
- 12.
Ibid.
- 13.
See AT-WP/296, 15/12/52, at 9.
- 14.
Ibid.
- 15.
AT-WP/296 supra, note 180 at 10.
- 16.
The ICAO Assembly, at its Second Session held in Geneva in June 1948, adopted Resolution A2-18 which called for the adoption by Council of a definition of the term "scheduled international air service. See Doc 7670, supra, note 82, at 79–80.
- 17.
See, Report By the Council to Contracting States on the Definition of a Scheduled International Air Service and the Analysis of the Rights Conferred by Article 5 of the Convention. Doc 7278, C/841, 10/5/52.
- 18.
Jutta Brunee, supra, note 289, at 9.
References
de Witte B (1998) Sovereignty and European integration: the weight of tradition. In: Slaughter A-M et al (eds) The European court and national courts: doctrine and jurisprudence. Hart Publishing, Oxford, pp 277–304
Doganis R (2001) The airline business in the 21st century. Routeledge, London, p 11
Klabbers J (2002) An introduction to international institutional law. Cambridge University Press, Cambridge 60
Mackenzie D (2010) ICAO—a history of the international civil aviation organization. University of Toronto Press, Toronto, p 3
Seyersted F (1963) Objective international personality of intergovernmental organizations: do their capacities really depend upon the conventions establishing them?. Finn Seyersted Publisher, Copenhagen, p 28
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2014 The Author(s)
About this chapter
Cite this chapter
Abeyratne, R. (2014). Conclusion. In: Aviation and Climate Change. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-08443-5_9
Download citation
DOI: https://doi.org/10.1007/978-3-319-08443-5_9
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-08442-8
Online ISBN: 978-3-319-08443-5
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)