Download PDF by Ruwantissa Abeyratne: Convention on International Civil Aviation: A Commentary

By Ruwantissa Abeyratne

ISBN-10: 3319000675

ISBN-13: 9783319000671

ISBN-10: 3319000683

ISBN-13: 9783319000688

This ebook is either a repertory consultant to the conference on foreign Civil Aviation (Chicago conference) in addition to a felony research of the provisions of the treaty. It lines motion taken through the ICAO meeting and the Council within the implementation of the conference from the 1st ICAO meeting in 1947 till 2012. exceptionally, the ebook bargains a statement at the practical and ethical textile of the Chicago conference, which isn't just a multilateral felony tool that units out simple rules of air navigation and air shipping, but additionally serves as an ethical compass that brings the folk of the area jointly.

The teleological nature of the Chicago conference is mirrored from the outset – from its Preamble which units the tone and philosophy of the conference – that aviation builds friendship and figuring out between every body, to its technical provisions that diversity from principles of the air to touchdown at airports and customs and immigration approaches. The ebook successfully demonstrates the Aristotelian precept – that ideas make humans reliable by means of forming behavior in them. Standardization, or in different phrases, compliance, is the motive force of the conference that retains aviation secure, average, effective and cost effective. for that reason, this booklet strains and info the sustained relevance of the Chicago conference and the efforts of ICAO and the foreign aviation neighborhood in the direction of preserving air delivery on course and prepared for its destiny exponential development, either in letter and in spirit.

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The Resolution noted that the shooting down of the two planes, which were part of the Brothers to the Rescue organisation run by Cuban exiles, was a violation of the principle that no weapons were to be used against civil aircraft in flight and that, when intercepting such aircraft, the lives of those on board not should be 18 ICAO Doc 9676-C/1118, C-MIN 147/1-16: Council—147th Session, Summary Minutes with Subject Index at 68–71. 19 Id. at 79–92. 20 Id. at 88. Article 1. Sovereignty 23 jeopardised.

Air Navigation The above statement of the ICAO Council truly typifies the quintessentially diplomatic approach taken by ICAO on contentious issues between ICAO Contracting States. If one analyses the first part of the Council Resolution as given above, it is difficult not to note that the Council has skilfully restated an already adopted resolution of the United Nations, ensuring that, while avoiding being judgmental, it nonetheless conveys to the international aviation community its position on the issue at hand.

This is a delicate balance of diplomacy best left to seasoned diplomats. 3 Territoriality As mentioned earlier in the Preface, although the Chicago Convention does not mention aviation and environmental protection (which was not a subject of concern at all in 1944) the Convention has been dragged into a spat that has developed with the enforcement by the European Union of its extension to aviation of the European Emissions Trading Scheme. Many States who have opposed this scheme do so on the basis that it erodes the protection afforded to sovereign States by Article 1.

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Convention on International Civil Aviation: A Commentary by Ruwantissa Abeyratne

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