Aviation Safety, ICAO and Obligations Erga Omnes |
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| Authors: | HUANG Jiefang |
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| Affiliation: | Correspondence: * Concurrent Professor, Wuhan University Institute of International Law, Wuhan, P.R. China and at China Civil Aviation University, Tianjin (email: jhuang{at}icao.int). This article was based on a presentation by the author to the International Symposium on Air and Space Law sponsored by the China University of Political Science and Law in June 2007 and completed in November 2008. It does not necessarily reflect the views of the organizations with which the author is associated. The author thanks Ms Marla Weinstein for her editorial assistance. |
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| Abstract: | The International Civil Aviation Organization (ICAO) is a UnitedNations (UN)-specialized agency mandated to promote the safetyof international civil aviation. Because of the importance ofair transport in the contemporary society, safety issues havebecome a matter of prime and common concern. Safety oversightfunction is not only the individual but also the collectiveresponsibility of States. In view of the inherent link betweenaviation safety and the elementary considerations of humanity,the obligation to provide safety oversight has arguably acquiredan erga omnes character, and all States have a legal interestin its observance. The audit activities of ICAO have providedsome preliminary experience demonstrating that this obligationshould ideally be enforced through centralized and neutral mechanismswithin the UN system. |
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