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PROJECT ASSIGNMENT ON AVIATION LAW-I3. The Role of Chicago Convention and the ICAO In the development of International Air Law: A Critical Approach

PROMOTE CHICAGO CONVENTION AND THE ICAO IN THE DEVELOPMENT OF AIR TRANSPORT.

The Chicago convention objectives as the constitute the conceptival and legal frame work on the basis of ICAO had always worked and order to maintain its leadership role in the field of Air Transport, Especially in elaborating guidance material on regulations policies of Air Transport, in light of the actual tendency to liberalise international services of air transport. Contracting States with the necessary tools to gradually implement liberalisation of International Air Services and to progressively move from a bilateral negotiation system and multi lateral system according to States interest. Infact of air transport liberalisation and the Role of framing economic mechanism in airport regulation and competition, The ICAO played vital role to achieve its vision of safe, secure and sustainable development of civil avaiation through co-operation amongst its members States to implement this vision, the organisation has established six strategic objectives for the period 2005-2010 The International Civil Aviation Organization, a UN Specialized Agency, is the global forum for civil aviation. ICAO works to achieve its vision of safe, secure and sustainable development of civil aviation through cooperation amongst its member States. To implement this vision, the Organization has established the following Strategic Objectives for the period 2005-2010: A: Safety - Enhance global civil aviation safety B: Security - Enhance global civil aviation security

2 C: Environmental Protection - Minimize the adverse effect of global civil aviation on the environment D: Efficiency - Enhance the efficiency of aviation operations E: Continuity - Maintain the continuity of aviation operations F: Rule of Law - Strengthen law governing international civil aviation Strategic Objective A: Safety Enhance global civil aviation safety Enhance global civil aviation safety through the following measures: 1. Identify and monitor existing types of safety risks to civil aviation and develop and implement an effective and relevant global response to emerging risks. 2. Ensure the timely implementation of ICAO provisions by continuously monitoring the progress toward compliance by States. 3. Conduct aviation safety oversight audits to identify deficiencies and encourage their resolution by States. 4. Develop global remedial plans that target the root causes of deficiencies. 5. Assist States to resolve deficiencies through regional remedial plans and the establishment of Safety oversight organizations at the regional or sub-regional level. 6. Encourage the exchange of information between States to promote mutual confidence in the level of aviation safety between States and accelerate the improvement of safety oversight. 7. Promote the timely resolution of safety-critical items identified by regional Planning and Implementation Groups (PIRGs). 8.Support the implementation of safety management systems across all safety-related disciplines in all States. 9.Assist States to improve safety through technical cooperation programmes and by making critical

3 needs known to donors and financial organizations. Strategic Objective B: Security Enhance global civil aviation security Enhance the security of global civil aviation through the following measures: 1.Identify and monitor existing types of security threats to civil aviation and develop and implement an effective global and relevant response to emerging threats. 2.Ensure the timely implementation of ICAO provisions by continuously monitoring the progress toward compliance by States. 3.Conduct aviation security audits to identify deficiencies and encourage their resolution by States. 4.Develop, adopt and promote new or amended measures to improve security for air travellers worldwide while promoting efficient border crossing procedures. 5.Develop and maintain aviation security training packages and e-learning. 6.Encourage the exchange of information between States to promote mutual confidence in the level of aviation security between States. 7.Assist States in the training of all categories of personnel involved in implementing aviation security measures and strategies and, where appropriate, the certification of such personnel. 8.Assist States in addressing security related deficiencies through the aviation security mechanism and technical cooperation programmes. Strategic Objective C: Environmental Protection Minimize the adverse effect of global civil aviation on the environment Minimize the adverse environmental effects of global civil aviation activity, notably aircraft noise and aircraft engine emissions, through the following measures: 1.Develop, adopt and promote new or amended measures to:

4 - limit or reduce the number of people affected by significant aircraft noise; - limit or reduce the impact of aircraft engine emissions on local air quality; and - limit or reduce the impact of aviation greenhouse gas emissions on the global climate. 2.Cooperate with other international bodies and in particular the UN Framework Convention on Climate Change (UNFCCC) in addressing aviations contribution to global climate change. Strategic Objective D: Efficiency Enhance the efficiency of aviation operations Enhance the efficiency of aviation operations by addressing issues that limit the efficient development of global civil aviation through the following measures: 1.Develop, coordinate and implement air navigation plans that reduce operational unit costs, facilitate increased traffic (including persons and goods), and optimize the use of existing and emerging technologies. 2.Study trends, coordinate planning and develop guidance for States that supports the sustainable development of international civil aviation. 3.Develop guidance, facilitate and assist States in the process of liberalizing the economic regulation of international air transport, with appropriate safeguards. 4.Assist States to improve efficiency of aviation operations through technical cooperation programmes. Strategic Objective E: Continuity Maintain the continuity of aviation operations Identify and manage threats to the continuity of air navigation through the following measures: 1. Assist States to resolve disagreements that create impediments to air navigation. 2. Respond quickly and positively to mitigate the effect of natural or human events that m any disrupt air navigation. 3. Cooperate with other international organizations to prevent the spread of disease by air travellers. Strategic Objective F: Rule of Law Strengthen law governing international civil aviation

5 Maintain, develop and update international air law in light of evolving needs of the international civil aviation community by the following measures: 1. Prepare international air law instruments that support ICAOs Strategic Objectives and provide a forum to States to negotiate such instruments. 2. Encourage States to ratify international air law instruments. 3.Provide services for registration of aeronautical agreements and depositary functions for international air law instruments. 4. Provide mechanisms for the settlement of civil aviation disputes. 5. Provide model legislation for States. SUPPORTING IMPLEMENTATION STRATEGIES To implement its Strategic Objectives, the Organization will take the necessary steps to: 1. operate in a transparent manner and communicate effectively both externally and internally; 2. maintain the effectiveness and relevance of all documents and materials; 3.identify risk management and risk mitigation strategies as required; 4.continuously improve the effective use of its resources; 5.enhance the use of information and communication technology integrating it into its work processes at the earliest possible opportunity; 6.take into account the potential impacts on the environment of its practices and operations; 7.improve its use of diverse human resources in line with the best practices in the UN system; and 8.operate effectively with the highest standard of legal propriety. Globally, Civil Aviation is undergoing technological aviations in several areas which have impact on agreements. A major supporting development for the aviation industry for the most parts of the the world has been Globalization and liberalisation of economies and the increasingly active role for the private sectors in the economic development of

6 the countries. These economic changes brought about structural changes in development of civil aviations through out the world and also in the approach towards bilateral agreements and open skies as per the provisions and regulations prescribed under the international air law and the role of Chicago convention and ICAO, since its establishment promoted the civil aviation is addressed by the President of Council of The Civil Aviation Council on the date of 28-9-2010 by Mr.Roberto Kobehgonzalez in Montreal of the following ADDRESS BY THE PRESIDENT OF THE COUNCIL OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO), MR. ROBERTO KOBEH GONZLEZ, AT A CEREMONY FOR THE PRESENTATION OF THE THIRTY-NINTH EDWARD WARNER AWARD BESTOWED ON PROF. DR. NICOLAS MATEESCO MATTE Distinguished guests, ladies and gentlemen, it is my pleasure to welcome you all to a most memorable evening. The ICAO triennial Assembly like the one which opened today brings together representatives of Member States of the Organization and major stakeholders of the world aviation community. It is an ideal setting for presenting the Edward Warner Award, the highest distinction that can be bestowed on an individual or an institution for the advancement of international civil aviation. This award is named for Dr. Edward Warner, the first President of the Council of ICAO. An exceptional man of vision, Dr. Warner strongly believed in the positive contribution that civil aviation could make in fostering peace and cooperation among the peoples of the world. The recipient of the 39th Edward Warner Award certainly mirrors the passion, dedication and commitment that Dr. Warner brought to the task of building a global organization dedicated to the safe and orderly development of international civil aviation.

7 On behalf of the Council of ICAO, it is my deep privilege to present the Edward Warner Award to Dr. Nicolas Mateesco Matte, in recognition of his eminent contribution to the development, promotion and understanding of air and space law. Dr. Matte has led a long and fascinating life. Born in Romania in 1913, he seemed destined to a prolific career in the legal field. It began when he obtained his first doctorate of law from the University of Bucharest in 1939. After World War II, he moved to Paris where he obtained a doctorate of international law from the Universit de Paris. That was in 1947, the year the Chicago Convention entered into force. This may have been prophetic, a fortunate coincidence that was to usher him into the wonderful world of aviation. The transition actually took place in 1951, one year after he had moved to Montreal. His writings at the time had already made him well known as a proponent of a new international legal order. At the urging of John Cobb Cooper, the founder of the McGill Institute of Air and Space Law, Dr. Matte occupied the chair of Air Law at the University of Montreal, which later became the chair of Air and Space Law. Ten years later, in 1961, Dr. Matte became visiting professor at McGills Institute of Air and Space Law, all the while continuing to teach at the University of Montreal until 1969. In 1974, he was named Research Director of the McGill Institute of Air and Space Law, and in 1975 he became Director of the Institute and Centre for Research of Air and Space Law. As soon as he was appointed, he founded the Annals of Air and Space Law, and remained its editor in chief for 15 years. In the preface to the first issue of the Annals, Dr. Matte laid out his vision for the publication, and I quote: We trust that the Annals answers to a real need for a scientific and objective publication where one will find confrontations of ideas about existing air and space legislation, suggestions on how to solve emerging law from new techniques and useful information about structural and doctrinal developments. The sharing of information and views, sometimes provocative, remains to this day the

8 most effective way to move forward in addressing the legal challenges that confront civil aviation and indeed our global society in this still early part of the 21st century. In this sense, Dr. Matte like Dr. Warner was a man of vision who knew not only how to share his wisdom, but how to give birth to new ways of looking at aviation and at life. One can just imagine the stimulating conversations these two men must have had, located as they were just a few hundred meters away from each other. During his entire professorship, Dr. Matte contributed tirelessly to the growth and financial stability of the McGill Institute, laying the groundwork for what has become a centre of excellence of worldwide reputation. Dr. Matte enjoys the well-deserved title of Director Emeritus of the Institute. Fortunately for us, such men never retire. At 97, Dr. Matte continues to work, to travel and to dispense his knowledge and experience with generosity and conviction. Just as he was teacher, advisor and mentor to all those who walked the halls of universities and institutions where he taught, including the Institut international dtudes et de recherches diplomatiques de Paris in the late 1940s, he continues to play these roles in the tenth decade of his life to his many colleagues and former students. The true value of these achievements can be measured by the prestigious awards he has received nationally and internationally for his many contributions to the well-being of people at home and abroad. These include the Order of Canada, Chevalier de lOrdre du Qubec, Fellow of the Royal Society of Canada and Chevalier de la Lgion dhonneur of France, to name but a few. Dr. Matte took silk as a Queens Counsel in 1971. Of all of these awards and titles, one is most fascinating. It was an award from the International Institute of Space Law of the International Astronautical Federation and it saluted his leadership and distinguished contribution to the law of outer space. That was in 1978, some 32 years ago. This again shows how much a man of vision is Dr. Matte and how contemporary his ideas remain.

9 One day soon, the world will need to create a legal and regulatory framework for commercial flights in sub-orbital space and no doubt that the writings of Dr. Matte will prove once again of immense benefit to deliberations in a forum like ICAO. The same can be true for his myriad other achievements. Through his invaluable research, publications, teachings and other academic and professional activities, he contributed to the development of law for a large part at its inception, in the perspective of cooperation amongst States. The Edward Warner Award, which I have the honour to present to Dr. Matte on behalf of the Council of ICAO, consists of a medal and a diploma. Bibliography: Aviation Law and Air Transport Management (Reading Material) http://www.icao.int/icao/en/ro/nacc/meetings/2007/CARWG01/carwg01ip06.pdf http://www.icao.int/icao/en/PRES/Kobeh/20100928_pres_speech_ewa_en.pdf http://www.icao.int/icao/en/strategic_objectives_2005_2010_en.pdf and websearch information on the subject.