Abstract
Once a shared view is established and a trend analysis through appropriate studies (conducted by the ICAO Secretariat) are carried out on the growth trends of the world, the next step would be to consider the parameters of international law which ICAO is obligated to come within if a global market based measure were to be introduced under the aegis of ICAO. Firstly, ICAO is a specialized agency of the United Nations.
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Notes
- 1.
Article 57 of the Charter of the United Nations provides that the various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63. Such agencies thus brought into relationship with the United Nations are referred to as specialized agencies. Article 63 stipulates that The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.
- 2.
In 2012, ICAO undertook a study calculated to result in a framework of market based measures that would respond globally to the adverse effects of aircraft engine emissions. This was in direct response to a call by 26 member States of the ICAO Council including China, Russia, India and the United States which, in late 2011 had protested against the emissions trading scheme (EU ETS) of the European Union applicable to air transport. ICAO has been considering as an option for a global MBM an ETS scheme much along the lines of the EU ETS but on a global level that would not entail issues of extra territoriality and infringements of sovereignty as claimed by the many detractors of the EU ETS.
- 3.
There is a general common law presumption against the extra territorial application of legislation. See the House of Lords decision in Holmes versus Bangladesh Biman Corporation [1989] AC 1112 at 1126;
87 ILR 365 at 369. Also, Air India versus Wiggins [1980] 1WLR 815 t 819; 77 ILR 276 at 27.
- 4.
Law of the Sea, Official Text of the United Nations Convention on the Law of the Sea with Indexes and Annex, Final Act of the Third United Nations Conference on the Law of the Sea, United Nations: 1983.
- 5.
The ICAO Assembly, at its First Session (Montreal 6–27 May 1947) adopted Resolution A1-65 (Joint Support Policy) which resolved that financial and technical aid through ICAO for furthering the provision of air navigation facilities and services adequate for the safe, regular, efficient and economical operation of international air services will be rendered, under the terms of Chapter XV of the Chicago Convention, in accordance with the basic principles and general policy laid down in Annex 1 to Resolution A1-65. The ensuing Joint Financing Agreement of 1948 has since been replaced by the Agreements of 1956 which was amended by the Montreal Protocol of 1982. This agreement requires Iceland and Denmark to operate and maintain air navigation services without interruption and provides for Iceland to be reimbursed by the Contracting States for ninety five per cent of the costs incurred.
Reference
Larkin A (2013) Environmental debt: the hidden cost s of a changing global economy. Palgrave Macmillan, New York, pp 7–8
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Abeyratne, R. (2014). Follow Up Strategy. In: Aviation and Climate Change. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-08443-5_6
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DOI: https://doi.org/10.1007/978-3-319-08443-5_6
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