Regulatory Aspects of Economic Liberalization and Safety

Convention on International Civil Aviation, Supra n. 3. The Chicago Convention is an international treaty which lays down principles of State conduct on matters of international civil aviation establishes the International Civil Aviation Organization and identifies ICAO s functions. The Chicago Convention has been ratified by 190 States which, ipso facto, become members of ICAO. Hererafter, any reference to an Annex would be to one of the 18 Annexes to the Chicago Convention. 

1 Some Specific Instances of Commercial Aviation Which Might Affect Safety 

With Liberalization of commercial air transport comes the opportunity for new carriers to compete for market access. It also gives existing carriers the opportunity to compete with each other as well as with the new entrants with a view to consolidating their positions in a liberalized market. There is an onerous burden on States to ensure that, hand in hand with unfettered competition among carriers. 

This problem is currently being addressed separately by the ICAO Air Navigation Commission and the Council in association with the Unified Strategy to resolve safety-related deficiencies within the scope of Article 54 j) of the Chicago Convention, which requires the Council to report to States any infraction of the Convention, as well as any failure to carry out recommendations or determinations of the Council. See ICAO Air Navigation Commission working paper AN-WP/ 8015. 

Finally, since ICAO safety audit reports and accident reports reflect that in many instances safety is compromised in States which do not adhere to ICAO Standards and Recommended practices, making it a critical issue. States should collectively recognize the worth of adhering to ICAO policy and also recognize Article 83 bis as a bilateral tool to be used in the instances described therein. 

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