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Q: International Aviation Governance ( Answered,   0 Comments )
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Subject: International Aviation Governance
Category: Miscellaneous
Asked by: dionysus20-ga
List Price: $200.00
Posted: 13 Sep 2004 21:18 PDT
Expires: 13 Oct 2004 21:18 PDT
Question ID: 400872
I need research for a paper referring to International Civil Aviation
Organisation Article 38, and arguments for amending Article 38.
Answer  
Subject: Re: International Aviation Governance
Answered By: adiloren-ga on 14 Sep 2004 13:09 PDT
 
I have provided you with the background information on the ICAO and
the protocol for ammending its charters below, along with proposed
amendments, news and related links. I hope this suits your needs.
Please don't hesitate to request clarification if need be.

*************************************

ICAO Official Sites:

Home Site
http://www.icao.int/

ICAO On-line Publications Purchasing Site
http://icaodsu.openface.ca/mainpage.ch2

ICAO Journal
http://www.icao.int/cgi/goto_m.pl?/icao/en/jr/jr.cfm

--------------------------------------------------------

General Backround Information:

Wikipedia Article
http://en.wikipedia.org/wiki/ICAO

Encyclopedia Entry
http://www.nationmaster.com/encyclopedia/International-Civil-Aviation-Organization

History
http://www.infoplease.com/ce6/history/A0825339.html

-------------------------------------------------------

Concerning Amendments:

PROTOCOL TO AMEND THE CONVENTION
www.luftrecht-online.de/regelwerke/ pdf/Montreal%20Protocol%201978.pdf

Flight Safety magazine Sep-Oct 2003 - P 62
www.casa.gov.au/avreg/fsa/03sept/62.pdf

CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION
http://www.dal.ca/~wwwlaw/kindred.intllaw/ChicagoCIA.htm

ICAO Obstacle Clearance Panel (OCP) Action on Air Navigation 
www.bluecoat.org/reports/ICAO_97_VPATH_Fax.pdf

---------------------------------------------------

Proposed Amendments:

ICAO ACAS Proposals
www.bluecoat.org/reports/ICAO_97_ACAS.pdf 

Microsoft PowerPoint - January 2004 - Proposed Ammendments to ICAO
www.mitrecaasd.org/atsrac/meeting_minutes/
2004/January2004-ProposedAmmendmentstoICAOAnnex8SARPs.pdf

ICAO/IMO Joint Working Group on SAR
www.rcc-net.org/rcc/jwg6/jwg6wp8.pdf

LETTER OF CONSULTATION: PROPOSAL TO AMEND THE AIR NAVIGATION ORDER
www.caa.co.uk/docs/33/FOD200201.PDF

Proposed amendments to the Civil Aviation Act 1988
rrp.casa.gov.au/nprm/nprm9901rp.pdf

Making an ICAO Standard
www.icao.int/icao/en/anb/mais/

WORLD FAX
September 1998
SECRETARIAT RESPONDS TO ICAO ELT PROPOSALS
http://www.iaopa.org/info/worldfax/worldfax0998.html

------------------------------------------------------

Papers on the ICAO:

THE LIABILITY OF AIR TRAFFIC CONTROL AGENCIES
www.aviation.go.th/airtrans/ airlaw/LiabilityOfAirTrafficControl.html

International Civil Aviation Organisation: Safety oversight
www.dft.gov.uk/stellent/groups/dft_aviation/
documents/page/dft_aviation_503476-05.hcsp

ICAO Paper
http://www.jeanmonnetprogram.org/papers/00/000601-03.html

CIVIL AVIATION ACT
www.caa.bg/CAA_Engl.pdf

institute for public policy research 
Simon Bishop
Green Futures - Thursday 28th November 
http://ippr.org.uk/articles/index.php?article=38

Mondaq Business Briefing
November 25, 2002

"For the last thirty years, the International Civil Aviation
Organisation (ICAO) has taken the lead role in establishing and
strengthening global security standards for civil aviation in response
to new and emerging threats. One of the most important legislative
functions of ICAO is the adoption of international standards and
recommended practices (SARPs), which take their place as annexes to
the Chicago Convention 1944 and ICAO has sought to take the initiative
in implementing fresh measures in the wake of last year's attacks.

The cornerstone of ICAO's response is encapsulated within the recently
formulated Amendment 10 to Annex 17 of the Chicago Convention 1944.
Annex 17, ''Security'', is primarily concerned with administrative and
co-ordinating actions as well as technical measures for protecting
international civil aviation against acts of unlawful interference.
Amendment 10 was formally implemented on 1st July 2002 and its
principal headline features can be summarised as follows:

Its provisions are now to be applied to domestic and not solely
international carriage.

Procedures to encourage international co-operation on the exchange of
information about terrorist threats.

Access control for air crew and airport personnel, including random
screening at the workplace and background checks as a part of the
criteria for recruitment and ongoing employment.

The introduction of standardised training and certification for all
persons involved in the implementation of security controls at
airports.

Mandatory screening of all hold baggage for international carriage
from 1st January 2006.

Measures to ensure that unauthorised persons are prevented from
entering an aircraft's flight deck.

Building upon the latter of these requirements, the American federal
government recently announced that all public transport aircraft
flying in US airspace from 9th April 2003 must be fitted with
purpose-built reinforced cockpit doors and associated locking
mechanisms."

---------------------------------------------------

News:

Vanguard (Nigeria) - AAGM
September 12, 2003
HEADLINE: THE CHANGING FACE OF CIVIL AVIATION- NCAA EXPERIENCE

"ICAO on its own has the Universal Safety Oversight Audit Programme
(USOAP), which enables it harmonise Civil Aviation Authorities
worldwide. The NCAA is charged with clearly defined safety and
economic oversight functions. Safety oversight ensures that the
aircrafts are worthy to fly and properly maintained, that the crew are
properly certificated, that there exists an enabling physical
environment and that there are ground operators and support logistics
to facilitate uniform and hitch-free operations.

The Economic Oversight is done to ensure that the consumers of
aviation services are properly protected and informed. It also ensures
that a level playing field is provided for all air operators."

Flight International
March 17, 1999
ICAO LEADS WAY WITH ENHANCED PROXIMITY WARNING PROPOSALS

"
In a visible break with tradition, the International Civil Aviation
Organisation (ICAO) is set to make mandatory the use of flight data
analysis (FDA) and enhanced ground proximity warning systems (EGPWS)
even though they have not yet been declared requirements in any member
state. Previously, the organisation has followed industry initiatives,
rather than led them.

ICAO has drafted an addition to its operations annex (Annex 6),
recommending FDA - often called flight operations quality assurance -
be adopted as standard. The proposal could reach the ICAO Council for
approval next year.

FDA is the use of information from flight data or quick access
recorders to enable airlines to monitor the quality of their flight
operations. For example, the system would highlight the fact that
approaches to a particular airport were consistently being flown too
low or too fast, enabling the carrier to discover why, and to take
corrective action before a flightpath deviation became an accident.

Given the time it will take to win consensus among ICAO's 185 member
states, its accident investigation and prevention chief, Milton Wylie,
estimates that the proposal could become recommended practice by the
end of 2004."

WORLD AIRLINE NEWS
May 11, 2001

"The multilateral agreement for the most part represents "a conglomeration
of existing bilateral agreements," according to a source with the International
Civil Aviation Organization (ICAO), since all but two of the links created
already existed. However, it does create "a small evolution" in the area of
foreign investment in airlines.

Both ICAO and the International Air Transport Association (IATA) believe
further aviation liberalization through the formation of "open skies" agreements
would benefit the airline industry."

Aviation Week and Space Technology
April 12, 1999
Much More To Go On Worldwide Aviation Safety

" As all of us become more and more world travelers, international
aviation safety grows as a factor in all of our lives. The actions and
programs of the FAA, European regulatory and safety organizations,
International Civil Aviation Organization (ICAO) and aviation
regulatory bodies of other countries have been generally effective in
making air travel a safe experience.

However, according to preliminary ICAO figures, last year there were
22 airline accidents and 909 fatalities worldwide. The U.S. was
blessed with not having a single accident among the scheduled
airlines. Overall, not bad for a global industry that transported 1.5
billion passengers in 1998. But not good enough for a global
transportation system expected to fly 2 billion passengers shortly
after entering the new millennium.

A number of safety related issues were discussed, or mentioned in
conversations, as I attended Aviation Week's Fourth Annual Global
Aviation and Security Conference in Atlanta last week. The first issue
was contained in an address by ICAO Secretary General Renato Claudio
Costa Pereira, who noted that under the ICAO Universal Safety
Oversight Program established on Jan. 1, 38 states will be audited in
1999. In addition, another 38 states assessed in previous ICAO audits
are scheduled for a follow-up under the mandatory program this year."

Aero Safety and Maintenance
May 29, 1998
Ensuring Airlines Are Safe

"The U.S. FAA was for a long time the only source of information on
countries' compliance with International Civil Aviation Organization
oversight standards. Of late, however, its determination appears to
have slowed. FAA was supposed to have completed by 1996 its review of
all countries whose airlines serve the U.S., but is lagging far behind
that schedule, and many assessments are out of date.

Launched in 1992, the U.S. assessment program showed that about 40% of
the countries whose airlines operated into the U.S. did not have a
safety oversight system that met ICAO's minimum standards. History
shows that in countries with weak oversight programs, airlines
generally have below- average safety records.

Ensuring that every aviation country has an adequate safety oversight
system is the most cost-effective way to improve airline safety
worldwide. The United Nations organization that is responsible for
safe and effective international aviation, ICAO, has taken major steps
along this route. Many countries, however, are reluctant or dilatory
in supporting these initiatives. Many simply do not acknowledge or
live up to the treaty obligations they took on when joining ICAO."

Business Line
March 15, 2003
HEADLINE: REGULATION, LIBERALISATION ON AGENDA OF AIR TRANSPORT MEET

"KOLKATA, March 14. THE fifth Worldwide Air Transport Conference - to
be held at the headquarters of the International Civil Aviation
Organisation (ICAO) in Montreal between March 24 and 29 - is expected
to discuss issues relating to regulation and air transport
liberalisation, among others. The conference is also expected to
develop a framework for the progressive liberalisation of
international air transport while providing various safeguards,
including measures aimed at ensuring the effective and sustained
participation of developing countries.

According to an article published in ICAO Journal, there have been
several developments regarding the regulation of global air transport
since the fourth Worldwide Air Transport Conference was held in 1994.
Contracting states of ICAO have since become more open to regulatory
reform even as some of them have adjusted their policies and practices
to effectively meet the challenges of liberalisation.

The article states that, during the last eight years, about 70 per
cent of the newly concluded or amended bilateral agreements have
contained some form of liberalised arrangements. By December 2002, 85
open-skies agreements had been concluded involving about 70 countries.
Two-thirds of these agreements involved the US as one of the
partners."

-----------------------------------------------------

Related Links:

Airline Transport Association (ATA)- Promotes industry and its safety,
cost effectiveness, and technological advancement; advocates before
state and local governments; conducts industry-wide programs; and
assures governmental and public understanding of all aspects of air
transport.
http://www.airlines.org/home/default.aspx

Airline Transport World (ATW) - An airline magazine with many
resources including news stories (free) and airline statistics
(expensive).
http://www.atwonline.com/

Air Line Pilot's Association (ALPA)- represents airline pilots at 51
airlines in the U.S. and Canada, advancing their interests in both the
collective-bargaining and air-safety arenas.
http://www.alpa.org/alpa/DesktopDefault.aspx

FAA - The Federal Aviation Administration
http://www.faa.gov/

FAA Aviation News Home
http://www.faa.gov/avr/news/newshome.htm

-----------------------------------------------

Search Strategy:

"International Civil Aviation Organisation" or "International Civil Aviation
Organization"
and
Article 38
and
amendment

Lexis-Nexis Search

Thank you for the question. Please let me know if you need any
clarification of my response.

Regards,
Anthony (adiloren-ga)
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