Report on the 2024 Symposium on Assistance to Aircraft Accident Victims and Their Families 26–28 November 2024 Haarlem, NETHERLAND

The International Civil Aviation Organization (ICAO) is an important institution that mandates the world's civil aviation authorities to play a role in reforming Standards and Recommended Practices (SARPs) of civil aviation. SARPs are the main reference for all parties related to the issue of international civil aviation. Indonesia's relationship and cooperation with the ICAO is therefore, important and should be a priority. ICAO is an organization where Indonesia is able to protect and defend its national interests. Relations and cooperation with ICAO are priorities in order to help and improve Indonesian civil aviation safety and security. This study was based on observations made by the Permanent Delegation of Republic of Indonesia on the diplomatic role played in ICAO during 2020 by studying the latest aspects of ICAO governing bodies, development of specific issues, pending issues and follow-up of Indonesia diplomatic role in ICAO. In general, the aim of the diplomatic role in ICAO is focused on supporting the achievement of three items; 1) securing Indonesia's national interest in international civil aviation cooperation; 2) support international civil aviation programs and issues that are ICAO's priority; and 3) improve Indonesia's position in ICAO, especially in order to prepare for Indonesia's candidacy to the ICAO Council.

Established by the Convention on International Civil Aviation, which resulted from the Chicago Conference on International Civil Aviation of 1944, the International Civil Aviation Organization (ICAO) is charged with responsibilities regarding both air navigation, which relates principally to the technical and operational aspects of aircraft movement, and air transport, which relates to the transportation by air of passengers, baggage, cargo and mail. In ICAO s sixty years of operation, the prime objective of promoting and enhancing aviation safety (technical and operational safety of flight), has been supplemented by the objective of promoting and ensuring aviation security (safeguarding civil aviation against acts of unlawful interference).In this book, one of the world's foremost authorities on aviation law well-known as a major mover in numerous ICAO initiatives and projects, and as teacher, author, and lecturer describes and analyzes, in comprehensive detail, the entire legal regime contemplated by ICAO. Among the topics and issues covered are the following:functions of the various ICAO organs; standard setting procedure; membership and adherence; judicial and quasi-judicial competence; standards for airports and air navigation facilities; ICAO relations with states and other international organizations; economic regulation and aspects of economic planning; aircraft noise, land use, and other environment-related issues; and dispute settlement.The author gives in-depth attention to the ICAO standards and recommended practices (SARPS) governing such elements as meteorological service, aircraft registration, airworthiness of aircraft, aeronautic telecommunications, air traffic services, search and rescue procedures, accident investigation, environmental protections, and transport of dangerous cargo. Of special value is his description of the new integrated global satellite-based system, in process of gradual implementation, designed to support communications, navigation, surveillance, and air traffic management for the needs of commercial and non-commercial aviation. Useful appendices include the text of the Convention on International Civil Aviation and a list of ICAO member states. With up-to-date commentary and analysis, this book is a fundamental resource for all professionals, legal and other, concerned with civil aviation.

Despite the fact that in the modern world, civil aviation uses all the latest technologies and scientific achievements in the field of equipment, control system and aircraft construction, it should be noted that plane crashes still lead to mass deaths. Nevertheless, aviation remains the most reliable mode of transport relative to other modes of transportation. Flight safety has always been and remains an important issue since the emergence of civil aviation. For this reason, the International Civil Aviation Organization (ICAO) was established as one of the UN agencies. The ICAO was established on the basis of the provisions of Part II of the 1944 Chicago Convention and has been operating since April 4, 1947. This organization sets the standards of civil aviation at the international level and coordinates, as well as the development of air transportation in order to improve safety. The goals and objectives of the ICAO are formulated in Article 44 of the Convention on International Civil Aviation, better known as the Chicago Convention. The document places the responsibility on ICAO to ensure the safe and effective development of international civil aviation worldwide. The Chicago Convention also regulates and ensures a uniform regime for international air navigation through the adoption of standards and recommended practices. Kazakhstan joined the ICAO in 1992. Currently, Kazakhstan has switched to the European model of civil aviation management. Since 2019, the Aviation Administration of Kazakhstan JSC has been established. This administration is responsible for the technical control and supervision of flight safety, both over the territory of Kazakhstan and beyond.

In what the International Civil Aviation Organization (ICAO) heralds as a 'historic agreement' and the European Union (EU) calls a 'breakthrough deal', the recent ICAO Assembly Resolutions A37-18 and 19 mark the end of the Assembly Resolution A36-22 'mutual agreement' stalemate on emissions trading, which represents a significant achievement with respect to aviation and climate change. Although Assembly Resolutions A37-18 and 19 are non-binding, the as yet 'aspirational' goals that they set out demonstrate the collective will of the civil aviation industry and ICAO Member States to work together towards the common objective of limiting and reducing the global impact of aviation noise and emissions. The texts of Assembly Resolutions A37-18 and 19 prompt closer analysis vis-à-vis questions of whether ICAO is (still) the appropriate forum for addressing international aviation emissions and on the legitimacy of its manifesto for continuous leadership. ICAO's general approval for use of market-based mechanisms to establish a viable global framework mechanism for aviation emissions is also noteworthy, particularly in the context of the EU's Emissions Trading Scheme (EU ETS), the position of the Convention on International Civil Aviation (the Chicago Convention), and recent legal challenge against inclusion of aviation in the scheme. This article suggests that on emergence from the United Nations Framework Convention on Climate Change (UNFCCC)'s 16th Conference of the Parties (COP-16) in Cancun in December 2010, the ICAO Member States and the aviation sector should feel proud that the spirit of cooperation and sense of success they promoted in the wake of the recent ICAO Assembly Resolutions may have contributed to the most recent progress in the global campaign against climate change: the Cancun Agreements. Thus, this article argues it is foreseeable that the latest progress under the UNFCCC process will have a reverse demonstrative effect on future ICAO dialogue and resolution.

Regional governance under State responsibility is an undeniable necessity in ensuring safety in air transport. However, since international air transport crosses boundaries and all regions of the world, a certain stringent global regulatory system is required, and this objective cannot be reached unless the safety oversight system is decentralized into safety agencies in each region. This is because although air transport is still considered the safest mode of travel, constant and diligent vigilance in ensuring the safety of aviation is required. The International Civil Aviation Organization (ICAO), which is the global forum for aviation, provides this guidance and direction and encourages States to form regional civil aviation bodies in regions where they do not exist. Since almost all regional civil aviation bodies have their own Constitutions, these Constitutions should recognize the need for increased cooperation with ICAO and ICAO should actively seek such an inclusion. Cooperation could include assignment of tasks related to oversight, accident investigation, sharing of information, and the conduct of training in collaboration with ICAO. Some of the measures that are suggested in this article include the initiation by ICAO, where appropriate, of periodic meetings with regional civil aviation bodies and the setting up of panels that include members from ICAO and each regional body on a selective basis. These panels is could recommend and monitor issues of cooperation, including cooperation between the various regional organizations. There is also the compelling need to define the role that regional organizations and regional civil aviation bodies would play in working closely with ICAO; and the adoption of a policy with regard to cooperation with regional organizations and regional civil aviation bodies. ICAO should also ascertain the role to be played by its regional offices in coordinating ICAO cooperation with such bodies. Consideration should be given to providing appropriate resources in regional offices where necessary. This article discusses in some depth the various regional safety oversight organization (RSOO) agencies and examines the legal and regulatory basis of ICAO’s role with regard to the establishment and functions of RSOOs with reference to selected regional oversight organizations around the world.

Chapter 3 - The ICAO and the Civil Aviation Authorities

Introduction: The International Civil Aviation Organization (ICAO) acts as an organization that notifies civilian aircraft that will pass in conflict areas and also cooperates with other countries in increasing ICAO supervision so that similar cases do not occur. Purposes of the Research: To know the role of ICAO (International Civil Aviation Organization) in handling international aviation safety supervision and cases of shooting down civil aircraft in conflict areas. Methods of the Research: This type of research can be classified as a normative research type, this research uses research methods on the principles of international law. This research is a descriptive analysis, namely describing and analyzing the problems that have been put forward to describe an overview of the International Civil Aviation Organization in handling cases of shooting down civil aircraft in conflict areas related to international air law. Results of the Research: International civil aviation, especially when crossing conflict zones while the Civil Aviation Convention (known as the Chicago Convention) establishes a framework for civil aviation investigations, does not provide an appropriate legal and institutional framework for accountability, ICAO's role as a specialized agency of the United Nations which is required from time to time to refrain from violations. International political parameters in its diplomatic efforts

Aviation English - A global perspective: analysis, teaching, assessment

The regulatory management of safety in air transport

Introduction. Despite the international aviation community’s attempts aimed at improvement of safety of air transport and reduction of the number of air accidents, unfortunately, many threats to safety of civil aircraft still exist to date, including armed conflicts and other military activities taking place in different parts of our planet. Malaysian Boeing 777-200 crash of 17 July 2014 in the eastern Ukraine killing 283 passengers and 15 crew members has become the tragedy clearly showing the risks, to which the civil aircraft and passengers on board flying in the airspace over the areas of armed conflicts, are exposed. In light of this accident, the author examines the present international legal regime of safety of civil aircraft flying over the areas of armed conflicts and military exercises, identifies the problems of this regime and proposes the ways of its improvement. Materials and methods . The present research has been conducted on the basis of international air law treaties, the documents of International Civil Aviation Organization (ICAO), as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method. Research results . On the basis of his research the author concludes that neither the present-day international legal regime of safety of civil aircraft flying over the areas of armed conflicts and military exercises, nor existing rules of international air law prohibiting use of weapons against civil aircraft can prevent accidents similar to Malaysian airplane crash of 17 July 2014. In view of this conclusion, the author proposes improvement of international legal regime of safety of civil aviation, and in particular, amendment of the Convention on International Civil Aviation of 1944 (“Chicago Convention of 1944”) aimed at enhancement of States’ obligations relating to restriction of flights of civil aircraft within their sovereign airspace during armed conflicts or other military activities. Discussion and conclusions . The author examines treaty and customary rules of international law governing the issues of safety of civil aircraft flying over the areas of armed conflicts and military exercises as well as ICAO standards and other acts (documents) and concludes that they do not precisely oblige the States to restrict or prohibit flights of civil aircraft in their sovereign airspace during armed conflicts, military exercises or other hazardous military activities. Moreover, the provisions of the Chicago Convention of 1944 and other international treaties prohibiting the use of weapons against civil aircraft are imperfect and do not fully protect civil aviation from different types of weapons. Therefore, the ICAO’s work following Malaysian airplane crash of 17 July 2014 for the purpose of enhancement of protection of civil aviation from the threats arising from armed conflicts and other hazardous military activities appears insufficient and must include more efficient measures, such as adoption of new international treaty rules containing precise States’ obligations.

The most important reason for the establishment of the International Civil Aviation Organization (ICAO) in 1943 is to adopt measures, practices and procedures to secure international civil aviation against unlawful interference. This objective has been the module oparandi of the ICAO in order not to disappoint the international community. Thus, starting from 1963 to date various international instruments on aviation security have been adopted by the international community under the ICAO auspices to secure international civil aviation. The ICAO adopted a new Convention in 2010 to deal with the old and new threat of aviation terrorism. The provision relating to the liability of corporate legal entity is captured for the purpose of prosecuting any corporate legal entity that complicit in any of the act of unlawful interference with civil aviation. This article intends to critically analyse the actual provision of the Convention on the criminal liability of a corporate legal entity, and to determine the reason behind the inclusion of this provision in the Convention. The paper further examines the form of punishments that may be imposed on an erring corporate legal entity for its participation in any unlawful interference with civil aviation. The paper advocates for the imposition of punishment such as dissolution of company, corporate lockup, fine and adverse publicity of corporate wrongdoing as form of punishments against any legal entity for committing any unlawful act.

Chapter 3 - The ICAO and the Civil Aviation Authorities

Among the rights guaranteed under the Universal Declaration of Human Rights (UDHR) and the Constitution of India, the right to freedom of movement is a primary tenet of fundamental freedoms. However, for 1 out of 8 people who might suffer from an apparent or latent disability, this right is significantly curtailed due to the lack of adequate facilities in airports and the civil aviation sector in general. International civil aviation bodies such as the International Civil Aviation Organization (ICAO) and International Air Transport Association (IATA) have already published detailed guidelines on the matter regarding how to make airports and air travel truly accessible, keeping in mind the broad range of physical and intellectual disabilities that the passengers may have. However, the true problem lies in their implementation. As was evidenced in this study, even for the major airports in India, implementation of truly disability-friendly policies is abysmally lacking. While steps are being made in the right direction, strict and urgent actions are required at both state and central governmental levels to ensure implementation across the nation. Keywords: Accessibility standards – Freedom of movement – ICAO – IATA – UDHR

The International Civil Aviation Organization (ICAO) set a cap for international aviation’s greenhouse gas (GHG) emissions at its 2020 level and established a market-based mechanism to help achieve that cap. Against that backdrop, this article identifies ICAO’s legal obligation to mitigate climate change by examining the international climate change treaties, ICAO’s constituent treaty, the Chicago Convention, and ICAO’s organizational practice. It finds that because ICAO is not a party to the climate change treaties and has a high degree of institutional autonomy, those treaties do not directly impose an obligation on ICAO. Although the Chicago Convention does not expressly mention the environment or climate change, ICAO’s member states interpreted the Convention and enlarged ICAO’s mandate under it to include the reduction or limitation of GHG emissions from international aviation so as to prevent dangerous climate change. This article finds that pursuant to Jan Klabbers’ recently developed theory of role responsibility, ICAO arguably has an obligation to carry out this important mandate, and its failure to do so, or failure to do so effectively, could constitute an internationally wrongful omission.

The forty-first session of the Assembly of the International Civil Aviation Organization (ICAO) was held from 27 September to 7 October 2022. This session was significant when viewed from a legal perspective as it heralded the seventy-fifth anniversary of the ICAO Legal Committee; its service to the legal community; and its importance in initiating work on legal issues, which were formally recognized by the Assembly with the adoption of a Resolution. Additionally, the Assembly addressed three areas of contention outside the legal sphere of the consolidated statement of continuing ICAO policies in the legal field which prompted the Assembly to adopt new resolutions.(A 41-1: Infraction of the Convention on International Civil Aviation by the Republic of Belarus; A 41-2: Infractions of the Convention on International Civil Aviation by the Russian Federation and A41-3: Unannounced missile launches by the Democratic People’s Republic of Korea (DPRK)) These Resolutions brought to bear current legal issues that confront and affect international civil aviation, together with the need to look at the role that ICAO can play in enhancing the capacity of states to comply more effectively with the Convention on International Civil Aviation (Chicago Convention), its Annexes and regulations. The Assembly also focused on encouraging states which have not already done so to ratify amendments to the Chicago Convention and multilateral treaties on international civil aviation. Furthermore, the Assembly provided the international aviation community with the opportunity to take another look at state sovereignty over the air space of its territory; the application of the Chicago Convention in times of war and a state of emergency; ICAO’s jurisdiction over unannounced military activity; and state responsibility. This article will discuss the resolutions adopted by the Assembly in the legal field and the nuances they present. ICAO Assembly, resolutions, Legal Committee, amendment and ratification, infraction of treaties, Vienna Convention, Chicago Convention