International Civil Aviation Organization (ICAO)

The Convention on International Civil Aviation (hereinafter “Chicago Convention”) led to the creation of the International Civil Aviation Organization (hereinafter “ICAO”). This agency is headquartered in Montreal and is responsible for establishing common technical standards to ensure the efficiency of international flights.

In this article, we will explore the central role of ICAO in the regulation of civil aviation and its influence on the major orientations of the aviation sector.

Objectives

ICAO contributes to the creation of intense international cooperation which is essential within the procedures of peaceful air navigation. The Organization also takes into account the interests of the people in decision-making, including by preventing economic waste resulting from unreasonable competition.

In addition, it aims to encourage the development of airways and air navigation facilities and services. The Organization is then useful as a resource for airports. It is intended to standardize the development of new technologies or procedures. Some authors focus in particular on the question of the place of artificial intelligence in aviation as well as the major advances that could result from it.

ICAO has established five strategic objectives that serve as its “compass” in all its actions:

• Security
• Air Navigation Capability and Efficiency
• Security and Facilitation
• Air Travel Economic Development
• Environmental Protection

How ICAO works

All the Contracting States meet every 3 years, thus making up the ICAO Assembly. Member States are involved in setting future policies and the budget.

The Assembly will select 36 States to form the Council. As the executive body, it is the role of the Executive Body to adopt the standards and best practices that will be put in place by States.

The Air Navigation Commission reviews and recommends amendments to the Schedules while supporting the Council in adopting standards. It is composed of 19 members appointed by the Council.

The Secretariat will also assist the work of ICAO, it is divided into 5 directorates:

• Air Navigation
• Air transport
• Technical cooperation
• Legal Affairs and Administration
• Services

Several other organizations also participate in ICAO’s activities, including the World Meteorological Organization (WMO) and Airports Council International (ACI).

ICAO is doing important work to adjust to air traffic, which is constantly growing. The “Global Aviation Safety Plan” and the “Global Air Navigation Plan” reflect ICAO’s own objectives.

Although it brings together a large number of countries, it is not possible for it to carry out surveillance with sanctions in the event of non-compliance. In this sense, it cannot demand the closure or opening of airspace or condemn airlines.

Each State retains its sovereignty in relation to the regulations that carriers must comply with when they enter the various airspaces. Indeed, according to international law, each country has complete and exclusive sovereignty over the airspace over its territory. In particular, the convention provided for certain concepts relating to this airspace and the Freedoms of the Air.

Freedoms of the air

ICAO has established principles granting certain permissions to airlines relating to the sovereignty of states in their airspace. Here are the top 5:

First freedom	The right of a carrier of one State to fly over the territory of another State without landing there.	E.g.: Air Canada flies over the United States to land in Mexico on a flight from Montreal to Mexico City
Second freedom	Right to make technical stopovers.	E.g.: Downtime for non-commercial reasons, such as maintenance or refueling.
Third freedom	The right to disembark in a third country of passengers embarked in the State of which the aircraft is a national.	E.g.: Air Canada disembarks passengers in Paris from Toronto.
Fourth freedom	The right to embark passengers in a third country bound for the State of which the aircraft is a national.	E.g.: Air Canada embarks passengers in Paris bound for Toronto.
Fifth freedom	The right granted by one State to another to land and embark, in the territory of the first State, traffic to or from a third State.	E.g.: Air China operates a flight from Montreal to Havana.

This^5th Liberté de l’air is particularly interesting, since it goes beyond the current rules.

International Standards and Recommended Practices (SARPs)

ICAO has adopted more than 12,000 SARPs that can be found across the 19 annexes. Here are some examples of domains:

• Meteorological assistance to international air navigation
• Nationality and registration marking of aircraft
• Safety management, including ongoing risk monitoring

On the one hand, standards are generally intended to try to standardize certain practices within international civil aviation. Member States must comply with and enforce in their national legislation to ensure compliance with international requirements. These standards are critical to the safety and efficiency of international civil aviation.

For example, Schedule 6 requires that all aircraft over 5,700 kg used for commercial transportation must be equipped with a flight data recorder (FDR). The recorder must have a minimum capacity to record the last 25 hours of flight. This recorded data must include essential parameters such as airspeed, altitude, aeroplane attitude, structural forces, control position and engine performance.

On the other hand, best practices are guidelines that are not legally binding, but whose adoption is strongly encouraged. States may decide whether or not to adopt these practices depending on their national circumstances, but ICAO encourages their application to improve overall consistency and safety.

For example, in addition to the above standard, ICAO recommends, in the same chapter, that aircraft also be equipped with a Cockpit Voice Recorder (CVR), which captures conversations between crew members and communications with air traffic controllers for a minimum of 2 hours. It is recommended that small aircraft (less than 5 700 kg) also be equipped with FDRs and CVRs, although this is not required by the standard.

The Montreal Convention

ICAO has played an important role in promoting the Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter referred to as the ” Montreal Convention “). Indeed, it has encouraged the ratification and application of the Treaty among the Member States. Although it was not directly taken by ICAO, it did organize the diplomatic conference in 1999 in Montreal where member states met to negotiate and adopt the new convention.

However, it is essential to properly differentiate between the notion of promotion and adoption.

Adoption	Promotion
It is a process by which Member States decide whether to sign and accept a treaty or convention. In the case of the Montreal Convention, it was the States themselves that adopted it in 1999.	ICAO is the body that has facilitated and encouraged this process, but it is not the entity that adopts the conventions, that power lies with the sovereign Member States.

Nevertheless, ICAO has a significant role in the adoption process. Indeed, the Organization had identified the need to modernize the rules of the 1929 Warsaw Convention and worked with Member States to develop a legal framework that was more adapted to the modern realities of aviation, resulting in the Montreal Convention.

In conclusion, ICAO plays a central role in the global harmonization of civil aviation rules, thus ensuring that international flights can be carried out safely, consistently and efficiently. These standards also promote closer cooperation between countries and aviation authorities, and they contribute to the standardization of practices around the world, making flights safer for all.