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Chinese Journal of International Law Advance Access originally published online on December 26, 2008
Chinese Journal of International Law 2009 8(1):63-79; doi:10.1093/chinesejil/jmn039
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© The Author 2008. Published by Oxford University Press. All rights reserved

Aviation Safety, ICAO and Obligations Erga Omnes

HUANG Jiefang*

Correspondence: * Concurrent Professor, Wuhan University Institute of International Law, Wuhan, P.R. China and at China Civil Aviation University, Tianjin (email: jhuang{at}icao.int). This article was based on a presentation by the author to the International Symposium on Air and Space Law sponsored by the China University of Political Science and Law in June 2007 and completed in November 2008. It does not necessarily reflect the views of the organizations with which the author is associated. The author thanks Ms Marla Weinstein for her editorial assistance.

The International Civil Aviation Organization (ICAO) is a United Nations (UN)-specialized agency mandated to promote the safety of international civil aviation. Because of the importance of air transport in the contemporary society, safety issues have become a matter of prime and common concern. Safety oversight function is not only the individual but also the collective responsibility of States. In view of the inherent link between aviation safety and the elementary considerations of humanity, the obligation to provide safety oversight has arguably acquired an erga omnes character, and all States have a legal interest in its observance. The audit activities of ICAO have provided some preliminary experience demonstrating that this obligation should ideally be enforced through centralized and neutral mechanisms within the UN system.


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