The Progress of Air Law: The Resolutions of the International Civil Aviation Organization

Air law is the law pertaining to the use of airspace. Over the years, it has progressed through the evolution of public and private international law, drawing principles of other branches of law such as contract law; tort law, and criminal law. At the base of air law are basic principles set out in the Convention on International Civil Aviation, popularly called the Chicago Convention which established The International Civil Aviation Organization (ICAO) - a specialized agency of the United Nations. ICAO conducts its triennial Assembly on matters of importance to international civil aviation. At this Assembly, Resolutions are adopted which recommend and request action by the member States of ICAO; The Council of ICAO; and the ICAO Secretariat.

These Resolutions are discretionary for the States while being generally considered mandatory for the ICAO Council and the ICAO Secretariat. These two entities endeavor to implement parts of the Resolutions which require their actions. There have been no accepted legal definitions of these Resolutions, nor have there been any pronouncements of their legal legitimacy as coercive and actionable principles at law, except for some academic opinions to the effect that such Resolutions are the mere outcome of political compromises which carry no legal legitimacy.

This book examines Resolutions which address some critical areas adopted by the 41st Assembly of ICAO and their relevance to the progress of air law as well as their functions as a tool of management.

This is the first book to scrutinise the legal legitimacy of ICAO resolutions. It gives the reader a comprehensive understanding of the nature of a United Nations resolution. It is a key reading and reference work for aviation lawyers and regulators; academics; students of international law and air law; airlines and airline associations; airports associations; climate change platforms; and NGOs.