Legal Legitimacy of ICAO and Direction to Be Taken

Regulation of Commercial Space Transport

“…While there is a relatively well articulated legal regime governing activities of States and private entities, 6 including a regulatory arm in the form of UNCOPUOS which is a United Nations Committee answerable to the General Assembly with no law making or adjudicatory powers, 7 it has been said that the involvement of ICAO in space tourism should also be seriously considered. 8 Jakhu and Battacharya have anchored their argument in support of ICAO involvement in regulating outer space traffic on the fact that space traffic will have to be harmoniously blended with air traffic as space and air traffic management issues will be a major factor in the allocation of "air slots" to both aircraft and spacecraft.…”

“…Worldwide surveys conducted during 2007 found that annual weighted average jet fuel sulphur content ranged from 321 to 800 ppm. 6 Hydrodesulphurization, which could be applied to remove the fuel sulphur, is a common process in petroleum refineries, and low sulphur diesel fuel is already widely used internationally. Low sulphur jet fuel has sulphur content less than 15 ppm.…”

“…The Conference was advised that there were already several modalities in Doc 9082, 6 para 15 of which recommends that States establish an independent mechanism for the economic regulation of airports and air navigation services. This provision suggests that such a mechanism would oversee economic, commercial and financial practices and its objectives could be drawn or adopted from, but need not be limited to certain principles.…”

“…This objective is achieved by supplying the following users: operators, flight crew members, air traffic services units, search and rescue services units, airport managements and others concerned with the conduct or development of international air navigation, with the meteorological information necessary for the performance of their respective functions. 6 How would this Annex accommodate meteorological conditions in outer space?…”

“…4 However, the principle of implied extension should be carefully applied, along the fundamental principle enunciated by Judge Green Hackworth in the 1949 Reparation for Injuries Case 5 -that powers not expressed cannot freely be implied and that implied powers flow from a grant of express powers, and are limited to those that are necessary to the exercise of powers expressly granted. 6 The universal solidarity of ICAO Contracting States that was recognized from the outset at the Chicago Conference brings to bear the need for States to be united in recognizing the effect of ICAO policy and decisions. This principle was given legal legitimacy in the ERTA decision 7 handed down by the Court of Justice of the European Community in 1971.…”