《LAW-MAKING IN THE INTERNATIONAL CIVIL A VIATION ORGANIZATION》

General Introduction1

Purpose and Scope1

ICAO:Its Functions and Institutions3

Part Ⅰ:Membership in ICAO and Related Problems13

Introduction13

Acquisition of Membership14

General Membership Problems14

Membership by Ratification of the Convention14

Membership by Adherence to the Convention16

Membership by Admission18

Special Membership Problems24

Reservations to the Convention24

New States29

Termination and Suspension of Membership35

Termination of Membership35

Denunciation of the Convention35

Expulsion38

Suspension of Membership and Voting Rights46

Suspension for Failure to Discharge Financial Obligations46

Suspension for Failure to Discharge Obligations under Chapter ⅩⅧ of the Convention52

Suspension at the Request of the United Nations52

Conclusion54

Part Ⅱ:ICAO Technical Legislation57

Introduction57

International Standards and Recommended Practices(SARPS)58

General Characterization58

The Development,Adoption,and Amendment of Annexes62

The entry into Force of an Annex or Amendment66

The Right of Disapproval66

The Promulgation of an Annex69

Compliance with International Standards and Recommended Practices76

The Rules of the Air Governing Flights Over the High Seas(Article 12)80

The Journey Log Book Requirement(Articles 29 and 34)85

Recognition of Certificates and Licenses(Article 33)86

Notification of Differences88

Notifiable Differences and Manner of Notification94

Legal Consequences of Failure to Notify Differences98

Implementation of International Standards and Recommended Practices101

Implementation of Regulatory SARPS102

Implementation of SARPS Relating to Air Navigation Facilities,Personnel,and Equipment112

Other Forms of ICAO Technical Legislation114

PANS and SUPPS115

The Relation Between SARPS,PANS,SUPPS,and Regional Plans117

Conclusion119

Part Ⅲ:ICAO and the Settlement of International Civil Aviation Disputes123

Introduction123

Settlement of Disputes under the Chicago Acts124

Under the Convention on International Civil Aviation124

Jurisdiction125

The Role of the ICAO Council136

The Decision140

The Appeal141

Enforcement of Decisions146

Under the International Air Services Transit and Air Transport Agreements154

Disputes155

Complaints158

Judicial Functions Assigned to ICAO by Other International Agreements166

Under Multilateral Agreements166

Under Bilateral Agreements174

The ICAO Rules for the Settlement of Disputes179

Evolution and Scope of the Rules179

Contents of the Rules183

Rules Applicable to Disputes183

Complaints192

General Provisions193

Conclusion195

Part Ⅳ:ICAO and the Law Governing Amendments to the Convention on International Civil Aviation199

Introduction199

Application of Article 94(a)202

The Two-Thirds Vote of the Assembly202

Entry into Force of Amendments206

Effect of Entry into Force206

Number of Ratifications Required for Entry into Force217

Date of Entry into Force219

The Application of Article 94(b)221

ICAO Policy Relating to Amendments222

The Submission of Proposed Amendments222

The Protocol of Amendment224

Conclusion226

General Conclusion229

Note on ICAO Documentation231

Bibliography237

Books237

Periodical Literature239

Index243