Published 17 January 2022
by Ish Jain
The Convention on International Civil Aviation (Chicago Convention) was to govern the functioning of civil international air transport comprising administrative, authoritative, sanctioning, technical, and other considerations of civilian international air transport. The author intends to highlight through three verticals (i) jurisdiction, (ii) resolutions, and (iii) and national enforcement - how the International Civil Aviation Organisation (ICAO) has evolved to indicate the manner of its functioning. While this does not conclude an all-inclusive judgment of the ICAO, it does initiate the reader to the passive stance the ICAO adopts in the circumstances included herein. Concerning jurisdiction, state parties have indicated a reluctance to rely exclusively on the ICAO Council and appeal to the International Court of Justice have been frequented. Regarding resolutions, most cases follow proclamatory declarations condemning the gruesome acts without sanctioning the erring state. Concerning national enforcement, several initiatives have been highlighted. However, the ICAO’s responses are not impotent as such passive stances, and assistance-centric responses hold merit, albeit indirectly. Reasons for the same are elucidated below. A sanctioning authority seeking assistance and amicable settlement is by no means powerless. This strategy may prove fruitful for developing international civil aviation at the unfortunate cost of certain erring states going scot-free. However, the international backlash may serve as a non-institutionalised repercussion that the ICAO may well be taking advantage of.
Part of the Special Issue: TDM 5 (2021) - Old and New Disputes in Aerospace Law. Article available here Determining the Nature and Functioning the of International Civil Aviation Organisation: Jurisdiction, Resolutions and National Enforcement (sign in to download).