Abstract
As discussed earlier, on the basis of Assembly Resolution A33-1 adopted in 2001 and the recommendations of the High-level, Ministerial Conference on Aviation Security (Montreal, February 2002), the Council adopted in June 2002 the Aviation Security Plan of Action, which included the establishment of a comprehensive programme of regular, mandatory, systematic and harmonized audits to be carried out by ICAO in all Contracting States. The ICAO Universal Security Audit Programme (USAP) was subsequently launched, with the objective of all Contracting States having benefited from an initial audit by the end of 2007.
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- 1.
The International Civil Aviation Organization, a specialized agency of the United Nations, was established by Article 43 of the Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (ICAO Doc 7300/9, Ninth Edition, 2006). The main objectives of ICAO are to develop the principles and techniques of international air navigation and to foster the planning and development of air transport. ICAO has 190 Member States.
- 2.
A35-9, Appendix E, Resolving Clause 4; and Recommended Practice 2.4.5 of Annex 17 – Security.
- 3.
Resolution A36-20, A36-WP/336 and Plenary Action Sheet No. 3.
- 4.
Resolution A36-20, Consolidated statement on the continuing CA policies related to the safeguarding of international civil aviation against acts of unlawful interference, Report of the Executive Committee (Report Folder) Assembly, 36th Session, A36 – WP/336, p/46, at 16-2.
- 5.
The 36th Session of the ICAO Assembly was informed that there are some 150 certified auditors on the USAP roster, from 59 States in all ICAO regions. The participation of certified national experts in the audits under the guidance of an ICAO team leader has permitted the programme to be implemented in a cost-effective manner while allowing for a valuable interchange of expertise.
- 6.
Resolution A35-6, Operative Clause 7.
- 7.
Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (ICAO Doc 7300/9, Ninth Edition, 2006).
- 8.
Article 38 provides: inter alia that any Contracting State can file a difference to a standard and notify the Council which in turn is required to make immediate notification to all other States of the difference which exists between one or more features of an international standard and the corresponding national practice of that State.
- 9.
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. Schenkman (1955, p. 158).
- 10.
Article 49 of the Convention.
- 11.
Article 49(h).
- 12.
Black (1990, p. 673).
- 13.
Black (1990, p. 1189).
- 14.
See de Witte (1998, pp. 277–304).
- 15.
Klabbers (2002, p. 60).
- 16.
Seyersted (1963, p. 28).
- 17.
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports, 1996, p. 64.
- 18.
Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports, 1996, p. 79.
- 19.
PCIJ Reports Series A, No. 10, p. 4.
- 20.
PCIJ Reports Series A, No. 10, p. 18.
- 21.
Resolution A35-6, Operative Clause 7.
- 22.
See Sarooshi (2005, p. 110).
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Abeyratne, R. (2010). Aviation Security Audits. In: Aviation Security Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-11703-9_6
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