State responsibility Chicago Convention

Of these, the responsibility of providing airports and air navigation services to aircraft lies clearly with the State. Article 28 of the Chicago Convention is clear on this when it states that each Contracting State undertakes, as far as practicable to provide in its territory, airports, radio services, meteorological services and other air navigation facilities to facilitate air navigational facilities. 

States have an overarching responsibility to ensure aviation safety not only within the parameters of State boundaries but wherever their reach would take them, in order to protect the travelling public. This calls clearly for international responsibility. From a legislative perspective. Article 33 of the Chicago Convention... 

ICAO now has to tread a thin line of its own diplomacy, in following the principles of sovereignty and equality of States as laid down in the Chicago Convention and balance its leadership role on establishing defining modalities (with the involvement of its member States) for the implementation of the principle of common but differentiated responsibilities. This will be a tough act, but certainly not something that ICAO cannot handle, in the manner in which it has skillfully addressed issues of aviation and the environment in the past. 

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