Which Chicago Convention Articles apply when a State doesn’t follow ICAO Standards?
There are various Articles under the Convention on International Civil Aviation (Chicago Convention) through which States can be urged or requested to comply with international standards adopted by ICAO. In most cases a decision or recommendation from the relevant bodies of ICAO is required in advance of their use.
The following articles are contained in Chapter 8 (VVIII) of the Convention and may be reviewed in this context, with each applying to the circumstances or conditions it prescribes:
Articles 54j and 54k I
n 2005, under Article 54 j) of the Convention, the ICAO Council approved a procedure for transparency and disclosure regarding significant compliance shortcomings with respect to safety-related Standards and Recommended Practices (SARPs). This prescribes that a State’s failure to comply with related determinations or recommendations of the ICAO Council can be made public.
Article 54 k) also stipulates that infractions of the Convention by a Member State shall be reported by the Council to ICAO’s Triennial Assembly, when no appropriate action is taken by a State after reasonable time following notice of an infraction.
Article 84 -
Settlement of disputes
If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council.
A total of five disputes have been addressed under this article since ICAO was established in 1944.
Article 85 -
If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire.
If either contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within thirty days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunal. Any arbitral tribunal established under this or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive.
Article 86 -
Unless the Council decides otherwise any decision by the Council on whether an international airline is operating in conformity with the provisions of this Convention shall remain in effect unless reversed on appeal. On any other matter, decisions of the Council shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of International Justice and of an arbitral tribunal shall be final and binding.
Article 87 -
Penalty for non-conformity of airline
Each contracting State undertakes not to allow the operation of an airline of a contracting State through the airspace above its territory if the Council has decided that the airline concerned is not conforming to a final decision rendered in accordance with the previous Article.
Article 88 -
Penalty for non-conformity by State
The Assembly shall suspend the voting power in the Assembly and in the Council of any contracting State that is found in default under the provisions of this Chapter.