Part I – general 5 The Sources of Int’l Air Law 5 Q? How does customary law relate to int’l law?
EU Guidelines for Accident Investigations
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- Part IX: Int’l Civil Aviation Organization (ICAO)
- Q What do we need to find in an int’l organization
- Q How does specialized int’l agencies relate to the UN Charter
- 2) Historical Background – Int’l Civil Aviation Conference ( Chicago 1944)
- Q What was the merit of the Conference
2. EU Guidelines for Accident InvestigationsObjective of the Commission was to overcome shortcomings in the existing system (p.367 vol I). Its primary objective is to improve air safety And it can only be achieved if Member States entrust the investigation to permanent bodies independent of any one party or govt which could have responsibility in the cause of an accident. Instead of adopting a Directive Council could have instead installed an independent EU Accident and Incident Investing Board. That would have solved (1) problems w.r.t. potential conflicts of interest. (2) saved certain Member States the burden of setting up an independent aeronautical boyd and investing large amounts of money in expertise and equipment which will probably be applied more frequently on a Euro scale than on a national scale. Part IX: Int’l Civil Aviation Organization (ICAO)1) Introduction to Int’l OrganizationsOne on one interaction of states does not do all of today’s development of law, but rather it is done in the institutional framework of int’l organization. Law is made in the forum of int’l organizations & is interpreted & applied by int’l bodies. Total globalization is not becoming an atomized mosaic of different, independent entities, but rather an interdependent world. One feature of that is the emergence of int’l organizations, organizations that are tools of multilateral diplomacy. Multilateral diplomacy was not essential in earlier history. Int’l organizations are a social component of the Industrial Revolution. Production increased greatly & when the situation was created for the int’l exchange of goods & services. That brought things together & therefore a higher level of cooperation was needed. Plus, other technologies necessitated int’l cooperation. It is suggested that the Congress of Vienna, which established the Concert of Europe, is the first int’l organization. This congress saw the need for continuation & permanency of that mutual, multilateral diplomacy & it continued establishing a permanent secretariat. The Concert of Europe continued even readmitting France & was aimed at the Ottoman Empire. Int’l organizations, today, are an indispensable part of mutual relations of states. The organizations have become instruments of multilateral diplomacy. Last century, saw the birth of the first of such int’l organizations: Universal Postal Union (Founded in1860s & headquartered in Bern, Switz.) & later was formed the Int’l Telegraphic Union (now known as the Int’l Telecommunications Union). Hence, we see that it was the evolution of economy, technology & increased int’l relations which focused the attention on int’l organization. A real watershed was WWI. U.S. had a big role in initiatives for int’l organization. Woodrow Wilson had the foresight that the post-war arrangements, the permanent peace, will require strong int’l organization in many requests. He had drafted a blueprint for an int’l organization the purpose of which would be the maintenance of int’l peace & security, settlement of differences & int’l peaceful cooperation. The organization would be called the League of Nations (Societe des Nations). It was the precursor of the United Nations & the first attempt at an Int’l, intergovernmental organization. It was headquartered in Geneva. Woodrow Wilson returned to the U.S. after the Versailles Treaty to face a newly isolationist America & ultimately the League of Nations would be created & the U.S. did not formally become a member. The League of Nations formed the Int’l Labor Organization, World Health Organization. Q? What do we need to find in an int’l organization?(1) There must be an int’l agreement creating the organization, (a multilateral instrument to which sovereign states are parties) ie. treaty It has to be the subject of law It has to have its own legal personality both in domestic & in int’l law There must be a defined scope of its functions & its activities Q? How does specialized int’l agencies relate to the UN Charter?57 UN Charter Discusses various specialized agencies established by intergov’tl agreements & having int’l responsibilities, which are to be brought into a relationship w/ the UN in accordance w/ art. 63 UN Charter. 63 UN Charter Provides the vehicle for cooperation of those agencies. It is a working agreement w/ the Economic & Social Council of the UN. We have to understand that specialized agencies are part & parcel of the UN, but that each of them is also separate & distinct. Each of the specialized agencies has its own constitution & the UN has its Charter, an agency will likely have different memberships & their budgets are separate & distinct from the UN. Note: Specialized Agencies (such as the ICAO) are still very political entities. 2) Historical Background – Int’l Civil Aviation Conference (Chicago 1944)Q? What is the history of ICAO?The 1919 Paris Convention foresaw some institutional structure & thus created the organization of very limited membership called ICAN (Int’l Committee of Air Navigation). The Paris Convention never became general & at its peak had only 39 members. Among the 39 states, the U.S., Germany, USSR, China & Brazil were not members & thus the organization was limited. That is the pre-WWII situation. In the Atlantic Charter, initiated by FDR & Churchill, they declared the purposes of the post-war arrangements. Among the purposes, was close int’l cooperation. It was followed a year later by all the allies called the Declaration of the UN (at this point, united nations was the term that the allies called themselves) & these allies started talking about post-war arrangements. Aviation appeared to be the first means to restore the economy & arranging transportation that was a priority for them in the post-war era. The allies during WWII, among themselves, established what they called Air Transport Command in which they coordinated all their int’l transportation to make sure that all capacity was used efficiently. The initiative came from the Oval office by President Roosevelt. He asked for a conference to be convened on int’l civil aviation w/ a view to solve the post-war transportation problems. The conference was convened in November & December 1944. The Americans came w/ a vision to the Conference: they said let’s have an organization & let’s have an institution, but first let’s decide on the exercise of commercial rights & w/r/t these commercial rights, let’s have full freedom. The American idea was too early for the industry, however, today the idea is being used by many nation-states. In the British vision, to have liberal air transport at that time would mean that the Americans would have dominated or even monopolized the industry. It is said that at that time the U.S. had readily available for commerce, 20,000 transport aircraft, which was far more than any of its competitors. The Chicago Convention does not contain anything about commercial rights w/ the exception of art. 6 of the Chicago Convention, which is the nail in the coffin of freedom of air transport since as per that provision it requires bilateral agreement. Well, as a consolation, two additional agreements were opened for signature: Transit Agreement (Agreement on Two Freedoms) & the Agreement on Five Freedoms (although the second agreement is basically meaningless b/c it does not have signatories). Q? What was the merit of the Conference?The Chicago Convention was adopted & signed on 7 Dec. 1944. The Convention has two aspects: It is an extensive codification of public int’l air law. It is a constitution of an int’l organization created under that multilateral convention & working in that framework. That Convention could have been operative only upon the ratification of 26 states (that is 1/2 of those who participated in the Chicago Conference.) At Chicago, a convention on the Provisional Int’l Civil Aviation Organization was also adopted. It was supposed to work until the Chicago Convention would enter into force & the proper organs would be created & elected. The PICAO even had a Provisional Council that started working on recommended practices & int’l standards, elaborating on many of the Chicago instruments adopted there. The int’l organization (ICAO) came into force on the 4th April, 1947, which was also when the Chicago Convention entered into force. Directory: pubdocs -> files files -> International maritime conventions files -> Chapter 1: Property as rights, not thing files -> Insurance Law – May 4 files -> Contractual Obligations – Prof. Helge Dedek Introduction 1 files -> Constitutional Limits on Criminal Law 1 files -> Antonio Iacovelli Winter 2005 Advanced Criminal Law files -> Private International Law – Prof. Walsh Summer 2005 files -> Part I: conceptualizing and justifying ip space 3 files -> Topic One Seaworthiness and Common Venture, chapter 15 Download 0.73 Mb. Share with your friends:
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