Return to search

Une nouvelle dynamique des fonctions législatives et quasi-législatives de lórganisation de l'aviation civile internationale?

It is now common that amendments to the Chicago Convention are adopted unanimously, or almost unanimously, and at a relatively great speed by the General Assembly of the International Civil Aviation Organization (ICAO). Unfortunately, the pace of their ratification by the member States is extremely slow and it delays considerably their entry into force. The first part of this thesis tries to identify, on the one hand, different mechanisms which could accelerate the process of ratification and therefore the entry into force of amendments and, on the other hand, describes the procedure that would maintain the unity and homogeneity of the legal framework of the Chicago Convention. / ICAO is aware that several member States fail to notify differences between their own regulations and the annexes to the Chicago Convention and do not implement in their national legislation the international standards which they did not disapprove. This failure of the quasi-legislative function of ICAO may endanger the safety of the international civil aviation. The second part of this thesis describes various mechanisms of control which ICAO could adopt in order to identify the violations of international obligations by its member States and to urge them to observe its international standards. ICAO has to secure a high degree of uniformity in regulations between its member States. Otherwise, it may lose its role as leader in international civil aviation to regional organizations.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.23310
Date January 1995
CreatorsDucrest, Jacques
ContributorsMilde, Michael (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageFrench
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Air and Space Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001467661, proquestno: MM08065, Theses scanned by UMI/ProQuest.

Page generated in 0.0024 seconds