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Research On Practices Of International Aviation's Unified Legislation Of International Civil Aviation Organization

Posted on:2016-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y P YangFull Text:PDF
GTID:2336330482969513Subject:International Law
Abstract/Summary:PDF Full Text Request
The International Civil Aviation Organization (ICAO) is one of the UN specialized agency for civil aviation. ICAO was established by the Chicago Convention in 1944 and once the Convention came into force in 1947, ICAO came into being that same year. The ICAO is a permanent organization created to research international civil aviation issues, facilitate cooperation among nations in matter of civil aviation, promote agreements in form of international multilateral conventions and adopt international standards, recommendations and procedures (SARPs). ICAO's accomplishments involve the Warsaw System and the 1999 Montreal Convention, the Rome Convention system and its modernization, international aviation safety and security law system and SARPs, which are the basis of the modern international transportation.The ICAO is one of the International Governmental Organizations and was established by the Chicago Convention, which recognize its legal status in international law. ICAO's legal capacity is limited by its chapter; consequently it does not have the legislative power to make laws. The essence of its actions unifying international aviation laws is a special law-making process which inflects nations' common interests. According to the Chicago Convention, ICAO's Council has the power to formulate international standards and recommendations which are defined a quasi-legislative function. The SARPs can be interpreted as soft laws, regulating nations'coordinating actions and in some level influencing the development and perfection of international law.In modern age, with the emergence of new technology and new problems, ICAO is faced with many challenges in international aviation system of global governance. In order to deal with the frequent air crashes in 2014, ICAO held a high-level security conference and a special conference to promote and guarantee the implementation of the new technology of civil aviation safety. Since the implementation of the EU ETS came into force, ICAO emphasized its efforts on the international aviation environmental problems. This is also one of its strategic objectives, which expects to promote the establishment of international aviation carbon emissions system and the creation of new rules and scheme.China has been playing an important role in the international transportation activities after signing the Chicago Convention, while in involved in international civil aviation affairs. It devotes its energy in promoting the development of the unified legislation of ICAO. "Beijing Convention" and the "Beijing Protocol" are the outstanding achievements of China. In new age, China will continue to participate in international affairs of international aviation positively and promote the unification of international civil aviation law.
Keywords/Search Tags:International Civil Aviation Organization, Chicago Convention, Quasi-legislative Function, Unified Legislation
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