Aviation safety and ICAO

The thesis addresses the issue of aviation safety under the rule of law. Aviation safety is a global concern. While air transport is considered a safe mode of travel, it is susceptible to inherent risks of flight, the use of force, and terrorist acts. Consequently, within the framework of the International Civil Aviation Organization (ICAO), global efforts have been made to establish individual and collective responsibility of States to provide safety oversight, to refrain from the use of weapons against civil aircraft in flight, and to prevent and punish the acts of hijacking and sabotage endangering the safety of civil aviation. Some of the duties in this respect are emerging as obligations erga omnes, and all States have a legal interest in their observance. The current study is intended to analyze, from a legal point of view, the mandate of ICAO relating to aviation safety. It describes the contributions of ICAO to the global safety regime and mechanisms. At the same time, on the basis of the experience and lessons learned from the past, suggestions have been made to rationalize ICAO’s quasi-legislative function and enforcement function, in order to enhance aviation safety through the rule of law.