The Chicago Convention as the The Chicago Convention as the Constitution of an International Constitution of an International
(Civil Aviation) Organization(Civil Aviation) OrganizationProfessor Dr. Paul Stephen DempseyProfessor Dr. Paul Stephen Dempsey
Director, Institute of Air & Space LawDirector, Institute of Air & Space LawMcGill UniversityMcGill University
Copyright Copyright ©© 2008 by the author.2008 by the author.
The Chicago Convention of 1944 The Chicago Convention of 1944 has two principal functions:has two principal functions:
I.I. THE CHICAGO CONVENTION IS A SOURCE OF THE CHICAGO CONVENTION IS A SOURCE OF INTERNATIONAL AIR LAW (Articles 1INTERNATIONAL AIR LAW (Articles 1--42)42)
II.II. THE CHICAGO CONVENTION IS THE THE CHICAGO CONVENTION IS THE CONSTITUTION OF AN INTERNATIONAL CONSTITUTION OF AN INTERNATIONAL ORGANIZATION (Articles 43ORGANIZATION (Articles 43--96) 96) -- ICAOICAO
The Chicago ConferenceThe Chicago ConferenceThe Chicago Conference laid The Chicago Conference laid the foundation for the postwar the foundation for the postwar establishment of the establishment of the International Civil Aviation International Civil Aviation Organization [ICAO].Organization [ICAO].The Provisional International The Provisional International Civil Aviation Organization Civil 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 was 1947, and that same year was included under the umbrella of included under the umbrella of the United Nationsthe United Nations’’ Economic Economic and Social Council [ECOSOC].and Social Council [ECOSOC].
ICAO TodayICAO TodayA specialized branch of the A specialized branch of the United Nations;United Nations;Headquartered in Headquartered in Montreal, with regional Montreal, 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 (one 190 member States (one less than membership in less than membership in the UN).the UN).
ICAOICAO’’ss Objectives under Art. 44Objectives under Art. 44Ensure the safe and orderly growth of international civil aviatiEnsure the safe and orderly growth of international civil aviation on throughout 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 navigation n facilities 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 respected cted and that every Contracting State has a fair opportunity to operaand that every Contracting State has a fair opportunity to operate te 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 international l civil aeronautics.civil aeronautics.
ICAOICAO’’ss Organizational StructureOrganizational Structure
ICAO is comprised of an Assembly, a ICAO is comprised of an Assembly, a Council and a Secretariat. Council and a Secretariat. The principal officers of ICAO are the The principal officers of ICAO are the President of the Council, and the President of the Council, and the Secretary General. Secretary General.
The ICAO SecretariatThe ICAO SecretariatThe Secretariat is headed by the Secretary The Secretariat is headed by the Secretary General elected by the Council. General elected by the Council. It is divided into five principal divisions It is divided into five principal divisions corresponding to the committees and corresponding 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, and the 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 Administrationand Services
The AssemblyThe AssemblyComposed of representatives from all 190 Composed of representatives from all 190 Contracting States, the ICAO Assembly is the Contracting States, the ICAO Assembly is the sovereign body of ICAO. sovereign body of ICAO. It meets every three years, reviewing in detail It meets every three years, reviewing in detail the work of the Organization, setting policy for the work of the Organization, setting policy for the forthcoming years, and passing a triennial the forthcoming years, and passing a triennial budget. budget. The Assembly elects the members of the The Assembly elects the members of the Council, the governing body, for a threeCouncil, the governing body, for a three--year year term.term.The Assembly approves budgets and financial The Assembly approves budgets and financial arrangements.arrangements.
The CouncilThe CouncilThe Council is the executive body The Council is the executive body of ICAO.of ICAO.It is comprised of members elected It is comprised of members elected by the Assembly from 36 States by the Assembly from 36 States (originally 27 States):(originally 27 States):
PART IPART I -- States of chief importance States of chief importance in air transportin air transport
PART IIPART II -- States which make the States which make the largest contribution to the provision largest contribution to the provision of facilities for air navigationof facilities for air navigation
PART IIIPART III -- States whose designation States whose designation will ensure that all major areas of will ensure that all major areas of the world are representedthe world are represented
Chicago Convention Art. 50(b)Chicago Convention Art. 50(b)
The CouncilThe CouncilUnlike the executive institutions of its U.N. siblings, the CounUnlike the executive institutions of its U.N. siblings, the Council is a cil is a
permanent body. permanent body. It elects the Secretary General and members of permanent It elects the Secretary General and members of permanent
commissions.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 ability legislative power (in its ability
to adopt standards and recommended practices [SARPS]), and to adopt standards and recommended practices [SARPS]), and quasiquasi--judicial power (in its ability to settle disputes arising under judicial power (in its ability to settle disputes arising under the the Chicago Convention).Chicago Convention).
The Council adopts Standards and Recommended Practices as The 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 the In the development of Standards, the Council is assisted by the Air Air Navigation Commission in technical matters, the Air Transport Navigation Commission in technical matters, the Air Transport Committee on economic matters, and the Committee on Unlawful Committee on economic matters, and the Committee on Unlawful Interference on aviation security matters.Interference on aviation security matters.
Council PresidentsCouncil Presidents
Edward Pearson WarnerEdward Pearson Warner((United StatesUnited States) (1947) (1947--1957) 1957) Walter BinaghiWalter Binaghi ((ArgentinaArgentina) ) (1957(1957--1976)1976)Assad KotaiteAssad Kotaite ((LebanonLebanon) ) (1976(1976--2006) 2006) Roberto Kobeh GonzalezRoberto Kobeh Gonzalez((MexicoMexico) (2006) (2006--Present) Present)
SARPSSARPSICAOICAO’’ss standards are binding, at least in the absence of a notificatiostandards are binding, at least in the absence of a notification of the n of the Council of a member State's inability to comply.Council of a member State's inability to comply.[1][1][1][1] ““A Standard is defined as any specification for physical characteA Standard is defined as any specification for physical characteristics, ristics, configuration, material, performance, personnel or procedure, thconfiguration, material, performance, personnel or procedure, the uniform e uniform application of which is recognized as necessary for the safety oapplication of which is recognized as necessary for the safety or regularity r regularity of international air navigation and to which Contracting States of international air navigation and to which Contracting States will conform will conform in accordance with the Convention; in the event of impossibilityin accordance with the Convention; in the event of impossibility of of compliance, notification to the Council is compulsory under Articompliance, notification to the Council is compulsory under Article 38 of the cle 38 of the Convention.Convention.”” http://http://www.icao.int/icao/en/anb/maiswww.icao.int/icao/en/anb/mais//
Recommended practices are viewed as merely desirable; member StaRecommended practices are viewed as merely desirable; member States tes need not notify the Council of their intent to comply, although need not notify the Council of their intent to comply, although they are so they are so encouraged.encouraged.[2][2][2][2] ““A Recommended Practice is any specification for physical A Recommended Practice is any specification for physical characteristics, configuration, material, performance, personnelcharacteristics, configuration, material, performance, personnel or or procedure, the uniform application of which is recognized as desprocedure, the uniform application of which is recognized as desirable in the irable in the interest of safety, regularity or efficiency of international aiinterest of safety, regularity or efficiency of international air navigation, and r navigation, and to which Contracting States will to which Contracting States will endeavourendeavour [sic] to conform in accordance [sic] to conform in accordance with the Convention. States are invited to inform the Council ofwith the Convention. States are invited to inform the Council of nonnon--compliance.compliance.”” http://http://www.icao.int/icao/en/anb/maiswww.icao.int/icao/en/anb/mais//
The Process of Adopting SARPSThe Process of Adopting SARPS
Proposed technical SARPS are reviewed first by the Air Proposed technical SARPS are reviewed first by the Air Navigation CommissionNavigation CommissionProposed SARPS are Proposed SARPS are ““vettedvetted”” to States for comment to States for comment and consultationand consultationThe Council approves new SARPS by a twoThe Council approves new SARPS by a two--thirds thirds majoritymajorityThe The ““Green EditionGreen Edition”” is circulated to member States four is circulated to member States four months before the Effective Datemonths before the Effective DateA 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 may States also may ““opt outopt out”” by registering their differencesby registering their differencesAfter the Effective Date, the Secretariat issues a After the Effective Date, the Secretariat issues a ““Blue Blue EditionEdition”” of the SARPSof the SARPSStates are expected to comply except to the extent they States are expected to comply except to the extent they have registered differenceshave registered differences
The AnnexesThe AnnexesAnnex 1: Personnel LicensingAnnex 1: Personnel LicensingAnnex 2: Rules of the AirAnnex 2: Rules of the AirAnnex 3: MeteorologyAnnex 3: MeteorologyAnnex 4: Aeronautical ChartsAnnex 4: Aeronautical ChartsAnnex 5: Units of Measurement to Be Used in AirAnnex 5: Units of Measurement to Be Used in Air--Ground CommunicationsGround CommunicationsAnnex 6: Operation of Aircraft, International Commercial Air TraAnnex 6: Operation of Aircraft, International Commercial Air TransportnsportAnnex 7: Aircraft Nationality and Registration MarksAnnex 7: Aircraft Nationality and Registration MarksAnnex 8: Airworthiness of AircraftAnnex 8: Airworthiness of AircraftAnnex 9: Facilitation of International Air TransportAnnex 9: Facilitation of International Air TransportAnnex 10: Aeronautical TelecommunicationAnnex 10: Aeronautical TelecommunicationAnnex 11: Air Traffic ServicesAnnex 11: Air Traffic ServicesAnnex 12: Search and RescueAnnex 12: Search and RescueAnnex 13: Aircraft Accident InquiryAnnex 13: Aircraft Accident InquiryAnnex 14: AerodromesAnnex 14: AerodromesAnnexAnnex 15: 15: AeronauticalAeronautical Information ServicesInformation ServicesAnnexAnnex 16: 16: EnvironmentalEnvironmental ProtectionProtectionAnnex 17: Security Annex 17: Security ---- Safeguarding International Civil Aviation Against Acts Safeguarding International Civil Aviation Against Acts of Unlawful Interferenceof Unlawful InterferenceAnnex 18: Safe Transport of Dangerous Goods by Air Annex 18: Safe Transport of Dangerous Goods by Air
State DutiesState DutiesUnder Article 12 of the Chicago Convention, it is the Under Article 12 of the Chicago Convention, it is the responsibility of every member State to keep its own responsibility of every member State to keep its own regulations uniform regulations uniform ““to the greatest possible extentto the greatest possible extent”” with with the Standards and Recommended Practices the Standards and Recommended Practices promulgated by ICAO. promulgated by ICAO. Under Article 37, States are obliged to Under Article 37, States are obliged to ““collaborate in collaborate in securing the highest practicable degree of uniformitysecuring the highest practicable degree of uniformity”” in in their domestic law, regulations and procedures with their domestic law, regulations and procedures with SARPsSARPs. . But if they find it But if they find it ““impracticable to complyimpracticable to comply””, under Article , under Article 38, they are to notify ICAO of differences between their 38, they are to notify ICAO of differences between their own practices and those established by the own practices and those established by the SARPsSARPs. .
PANS & SUPPSPANS & SUPPSICAO also issues Procedures for Air Navigation Services [PANS],ICAO also issues Procedures for Air Navigation Services [PANS],[1][1] and and Regional Supplementary Procedures [SUPPS].Regional Supplementary Procedures [SUPPS].[2][2] Still another form of Still another form of rulemaking that has been employed by the Council is the Technicarulemaking that has been employed by the Council is the Technical l Instructions which provide detailed explanations of how Annexes Instructions which provide detailed explanations of how Annexes are to be are to be implemented.implemented.[1][1] ““Procedures for Air Navigation Services (or PANS) comprise operatProcedures for Air Navigation Services (or PANS) comprise operating ing practices and material too detailed for Standards or Recommendedpractices and material too detailed for Standards or RecommendedPractices Practices -- they often amplify the basic principles in the corresponding they 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, the the material should be suitable for application on a worldwide basismaterial should be suitable for application on a worldwide basis. The . The Council invites Contracting States to publish any differences inCouncil invites Contracting States to publish any differences in their their Aeronautical Information Publications when knowledge of the diffAeronautical Information Publications when knowledge of the differences is erences is important 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 (or Regional Supplementary Procedures (or SUPPsSUPPs) have application in the ) have application in the respective ICAO regions. Although the material in Regional Supplrespective ICAO regions. Although the material in Regional Supplementary ementary Procedures 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 Multilateral ICAO as a Forum for Multilateral ConventionsConventions
The ICAO Legal Committee is open to all ICAO member The ICAO Legal Committee is open to all ICAO member States.States.If the texts If the texts aare mature, diplomatic conference to adopt re mature, diplomatic conference to adopt new instruments.new instruments.n the area of aviation security, ICAO served as the n the area of aviation security, ICAO served as the institution which prepared, and facilitated the adoption institution which prepared, and facilitated the adoption and acceptance of the and acceptance of the Tokyo Convention of 1963Tokyo Convention of 1963, the , the Hague Convention of 1970Hague Convention of 1970, and the , and the Montreal Montreal Convention of 1971Convention of 1971. . ICAO also has served as the forum for several ICAO also has served as the forum for several conventions and protocols which have sought to update conventions and protocols which have sought to update the the Warsaw Convention of 1929Warsaw Convention of 1929 on carrier liability: The on carrier liability: The Hague Protocol of 1955, Hague Protocol of 1955, the the Guadalajara Convention of Guadalajara Convention of 1961, 1961, the the Guatemala City Protocol of 1971, Montreal Guatemala City Protocol of 1971, Montreal Protocols 1Protocols 1--4 of 1975, 4 of 1975, and the and the Montreal Convention of Montreal Convention of 19991999. .
ICAO as a Dispute Resolution ICAO as a Dispute Resolution BodyBody
ICAO has been asked to exercise its ICAO has been asked to exercise its quaisquais--judicial judicial dispute resolution functions on only five occasions: dispute resolution functions on only five occasions: India v. Pakistan India v. Pakistan (1952)(1952) –– involving Pakistaninvolving Pakistan’’s refusal to s refusal to allow Indian commercial aircraft to fly over Pakistan; allow Indian commercial aircraft to fly over Pakistan; United Kingdom v.United Kingdom v. Spain Spain (1969)(1969) –– involving Spaininvolving Spain’’s s restriction of air space at Gibraltar; restriction of air space at Gibraltar; Pakistan v.Pakistan v. India India (1971)(1971) –– involving Indiainvolving India’’s refusal to s refusal to allow Pakistani commercial aircraft to fly over India; allow Pakistani commercial aircraft to fly over India; Cuba v.Cuba v. United States United States (1998)(1998) –– involving the US refusal involving the US refusal to allow Cubato allow Cuba’’s commercial aircraft to fly over the United s commercial aircraft to fly over the United States; and States; and United States v.United States v. Fifteen European States Fifteen European States (2003)(2003) ––involving EU noise emission regulations involving EU noise emission regulations
Convention on International Civil Aviation Convention on International Civil Aviation Convention relative Convention relative àà l'aviationl'aviation civilecivileinternationaleinternationaleConvenioConvenio sobresobre AviaciAviacióónn Civil Civil InternacionalInternacionalКонвенцияКонвенция оо международноймеждународнойгражданскойгражданской авиацииавиации
The Chicago Convention as the The Chicago Convention as the Constitution of an International Constitution of an International
OrganizationOrganization
Professor Dr. Paul Stephen DempseyProfessor Dr. Paul Stephen DempseyDirector, Institute of Air & Space LawDirector, Institute of Air & Space Law
McGill UniversityMcGill UniversityCopyright Copyright ©© 2008 by the author.2008 by the author.
Blacklisting Blacklisting
Professor Dr. Paul Stephen DempseyProfessor Dr. Paul Stephen DempseyDirector, Institute of Air & Space LawDirector, Institute of Air & Space Law
McGill UniversityMcGill Universitywww.iasl.mcgill.cawww.iasl.mcgill.ca
http://www.mcgill.ca/iasl/
