Abstract
In 2013, presumably after the 38th Session of the ICAO Assembly had concluded in October 2013, ICAO officially released its Report of the Assessment of Market Based Measures which was based on the input of MBM experts nominated and appointed by States to help ICAO who had shared their expertise and knowledge with the Organization.
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Notes
- 1.
ICAO Doc 10018, First Edition 2013.
- 2.
Id. (VII)–(VIII).
- 3.
The review is contained in C-WP/14101, 15/01/14.
- 4.
Id. 111. See also A.J.P Tammes, Decisions of International Organs as a Source of international Law, 94 HR 1958 at 265.
- 5.
Resolution A21-21 (Consolidated Statement of Continuing Policies and Associated Practices Related Specifically to Air Navigation), in Appendix A (Formulation of Standards and Recommended Practices and Procedures for Air Navigation Services) Resolves that a Standard is “any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as necessary for the safety of international air navigation and to which Contracting States will conform in accordance with the Convention; in the event of impossibility of compliance, notification to the Council is compulsory under Article 38 of the Convention”. The same Resolution defines a Recommended Practice as: “any specification for physical characteristics, configuration, material, performance, personnel or procedure, the uniform application of which is recognized as desirable in the interest of safety, regularity or efficiency of international air navigation and to which Contracting States will endeavour to conform in accordance with the Convention”. These definitions are repeated verbatim in Assembly Resolution A37-15 in Appendix A (Formulation of Standards and Recommended Practices and Procedures for Air Navigation Services).
- 6.
Article 12 stipulates that over the high seas, the rules in force shall be those established under the Convention, and each contracting State undertakes to insure the prosecution of all persons violating the applicable regulations.
- 7.
Article 57 stipulates 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. It also states that such agencies thus brought into relationship with the United Nations are hereinafter 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 further states that the General Assembly 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.
- 8.
Review of technical cooperation in the United Nations Report of the Secretary-General, Fifty-eighth session Agenda item 59, Strengthening of the United Nations system, A/58/382, 19 September 2003.
- 9.
C-WP/212 at Appendix B. The Council of ICAO recognized that other specialized agencies such as the Food and Agriculture Organization (FAO), the International Labour Organization (ILO), the World Health Organization (WHO) and the International Bank for Reconstruction and Development (IBRD better known as the World Bank) had already conducted technical assistance missions to member States. Id. Appendix C.
- 10.
C-WP/212 (1949) id. at 2.
- 11.
Doc 6684, C/766, 5/4/49 at 19.
- 12.
Id. Appendix B at 32.
- 13.
Towards a Sustainable Transport System: Supporting Low Carbon Growth in a Low Carbon World, UK Department of Transport, October 2007 at 9–10.
- 14.
See generally, Jutta Brunnee, Enforcement Mechanisms in International Law and International Environmental Law, Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue between Practitioners and Academia (2005) at 2.
- 15.
Id. at 5.
- 16.
Black's Law Dictionary 8th ed.:2004, at 569, cited in Brunnee, supra note 288 at 3.
References
Brownlie I (1990) Principles of public international law, 4th edn. Clarendon Press, Oxford, p 691
Shaw MN (2003) International law, 5th edn. Cambridge University Press, Cambridge, p 110
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Abeyratne, R. (2014). ICAO’s Work in Developing a Global MBM. In: Aviation and Climate Change. SpringerBriefs in Law. Springer, Cham. https://doi.org/10.1007/978-3-319-08443-5_7
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