Beijing Achievements the 2010 Beijing Diplomatic Conference Adopts Important New International Counter-Terrorism Instruments
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ICINTERNATIONAL CAOIVIL AVIATION ORGANIZATION Beijing Achievements The 2010 Beijing Diplomatic Conference Adopts Important New International Counter-terrorism Instruments Also in this issue: NGAP Symposium Review: Pilots and Flight Crews • New Guidance Updates NextGen and SESAR Environmental Strategies New Milestone for Montreal Convention of 1999 Vol. 66, No. 1 Includes Special ICAO Middle East (MID) Regional Report Contents Cover STORY Criminalizing the 9/11 offences and related terrorist activities and actions within a more comprehensive international aviation legal framework Message from the Secretary General Framing the remarkable legal achievements of the recent Beijing Diplomatic ThE ICAO JOURNAL VOLUmE 66, NUmBER 1, 2011 Conference within the context of the unanimously adopted 2010 Declaration on Aviation Security, Raymond Benjamin outlines the Organization’s ongoing Editorial strengthening of its security-related programmes, capacity-building efforts ICAO Regional Coordination and Communications Office and inter-agency cooperation initiatives. ................................. 3 Tel: +01 (514) 954-8220 Web site: www.icao.int The 2010 Beijing Convention and Protocol: Anthony Philbin Communications Senior Editor: Anthony Philbin Ushering in a New Legal Era for Aviation Tel: +01 (514) 886-7746 The Beijing Convention and Beijing Protocol of 2010, adopted and opened for E-mail: [email protected] signature just two weeks before the 2010 Assembly session, significantly broaden Web site: www.philbin.ca and strengthen the global civil aviation counter-terrorism framework. These new legal Production and Design instruments are expected to achieve very wide acceptance based on the significant Bang Marketing momentum now surrounding them. .................................... 6 Stéphanie Kennan Tel: +01 (514) 849-2264 E-mail: [email protected] New Legal Aspects of the Beijing Instruments ....................... 7 Web site: www.bang-marketing.com Special Highlight: Article 1 of the Beijing Convention ................ 12 Advertising FCM Communications Inc. Yves Allard Tel: +01 (450) 677-3535 Fax: +01 (450) 677-4445 Special Section: ICAO Middle East (MID) Regional Report E-mail: [email protected] Mohamed R. M. Khonji, ICAO Regional Director, Middle East Office, Cairo, outlines with the assistance of his Regional Officers and staff the strategic Submissions The Journal encourages submissions from interested developments now being undertaken by ICAO in the MID Region to further the individuals, organizations and States wishing to share Organization’s implementation of critical aviation safety, security, efficiency and updates, perspectives or analysis related to global civil aviation. For further information on submission environmental improvements for the benefit of local States, carriers and other deadlines and planned issue topics for future editions air transport stakeholders. of the ICAO Journal, please forward your request to [email protected]. Subscriptions and single copies NGAP Symposium Review Part II: Pilots and Flight Crews Yearly subscription (Six Issues per year) US $40. Single copies available for US $10. For subscription Examining the multilateral viewpoints and input shared by key aviation stakeholders and sales information please contact the ICAO at the 2010 ICAO Next Generation Aviation Professionals Symposium regarding Document Sales Unit, the looming shortages of pilots and flight crews now facing global aviation. ...... 15 Tel: +01 (514) 954-8022 E-mail: [email protected] New Milestone for Montreal Convention of 1999 Published in Montreal, Canada. ISSN 0018 8778. In January 2011 the number of parties to the Montreal Convention of 1999 The information published in the ICAO Journal was passed the 100 mark, with Israel becoming the 100th and Turkey the 101st party correct at time of printing. The opinions expressed to the Convention. ................................................ 20 are those of the authors alone and do not necessarily reflect the opinions of ICAO or its Member States. Reproduction of articles in the ICAO Journal is ICAO New Guidance Updates ...................................... 20 encouraged. For permission, please forward your request to [email protected]. The ICAO Journal must be credited in any reproduction. Aviation Environment Profile: ACARE Printed by ICAO Alain Garcia, Chairman of the Advisory Council for Aeronautics Research in Europe (ACARE) Integration Team, provides an overview of the environmental priorities and programmes now being established by his group, which brings together over 40 members representing the broad spectrum of stakeholders in the European air transport community. ........................................... 21 Aviation Environment Profile: ACCRI Dr. Mohan Gupta, Special Assistant to the Chief Scientist in the Federal Aviation Administration’s Office of Environment and Energy, reviews the basis for action and developments now being pursued by the NextGen-related and FAA-funded Aviation Climate Change Research Initiative ............................. 25 www.icao.int ICAO Council 01/02/2011 President: Mr. R. Kobeh González (Mexico) Argentina Mr. J. Gelso Malaysia Mr. K. Soo Chon Australia Ms. K. Macaulay Mexico Mr. D. Méndez Mayora Belgium Mr. G. Robert Morocco Mr. A. Manar Brazil Mr. R. Magno Nigeria Dr. O. Benard Aliu Burkina Faso Mr. M. Dieguimde Paraguay Mrs. A. Torres de Rodríguez Cameroon Mr. E. Zoa Etundi Peru Mr. C. R. Romero Díaz Canada Mr. L.A. Dupuis Republic of Korea Mr. Chong-hoon Kim China Mr. Tao Ma Russian Federation Mr. A. A. Novgorodov Colombia Mrs. G. Rueda de Higuera Saudi Arabia Mr. T. M.B. Kabli Cuba Mr. J. F. Castillo de la Paz Singapore Mr. B. Kim Pin Denmark Mr. K. L. Larsen Slovenia Mr. A. Krapež Egypt Mr. M. T. Elzanaty South Africa Mr. M. D. Tshepo Peege France Mr. M. Wachenheim Spain Mr. V. M. Aguado Germany Mr. J. Mendel Swaziland Mr. D. Litchfield Guatemala Mr. L. F. Carranza Uganda Mr. J. W. Kabbs Twijuke India Mr. A. Mishra United Arab Emirates Miss A. Al Hamili Italy Mr. G. Picheca United Kingdom Mr. M. Rossell Japan Mr. S. Baba United States Mr. D. Woerth ICAO Air Navigation Commission (ANC) 01/02/2011 President: Mr. M.G. Fernando Members of the Air Navigation Commission are nominated by Contracting States and appointed by the Council. They act in their personal expert capacity and not as representatives of their nominations. Mr. A.H. Alaufi Mr. B. Eckerbert Mr. R. Monning Mr. S.C.M. Allotey Mr. P.D. Fleming Mr. C. Schleifer Mr. J.L.F. Alves Mr. R.O. González Mr. F. Tai Mr. D.C. Behrens Mr. M. Halidou Mr. A. Tiede Mr. M-h. Chang Mr. J. Herrero Mr. D. Umezawa Mr. J. Dow Mr. A. Korsakov Mr. F. Zizi ICAO’s Global Presence North American South American Western and European and Middle East Eastern and Asia and Pacific Central American (SAM) Office, Central African North Atlantic (MID) Office, Southern African (APAC) Office, and Caribbean Lima (WACAF) Office, (EUR/NAT) Cairo (ESAF) Office, Bangkok (NACC) Office, Dakar Office, Nairobi Mexico City París MESSAGE FROM THE SECRETARY GENERAL Establishing a New Era of Consensus Security first arose as a serious issue for international aviation in the 1960s, when criminal individuals and groups first began and Action on to threaten aircraft and their passengers for personal or political gain. Responding to this new phenomenon of aircraft hijackings Global Aviation and the complex legal ramifications they posed, in 1963 States adopted the new Tokyo Convention as the first worldwide Security Priorities international legal instrument on aviation security, providing clearer guidelines on the security of inflight passengers and This issue of the ICAO Journal highlights a landmark property and concluding decades of debates and negotiations achievement in the areas of civil aviation law and security: the surrounding jurisdiction issues and some of the foremost development of two new treaties at a Diplomatic Conference outstanding problems in international air law. in Beijing in the fall of 2010 that criminalize a comprehensive range of terrorism-related activities and actions—including The Tokyo Convention entered into force in 1969 and, shortly those that led to the destruction of New York’s World Trade afterward, the 1970 Hague Convention and the 1971 Montreal Center on 11 September 2001 (9/11). Conventions further broadened the criminalization of specific acts and behaviours involving aircraft and their passengers. Journal ICAO – Issue 01 2011 This remarkable legal accomplishment, in conjunction with the unanimous adoption at the recent 37th ICAO General Assembly In the years since, ICAO has become the world leader in of a new Declaration on Aviation Security, have served to developing aviation security policies and measures at the make 2010 one of the most important years in the history of international level, and the enhancement of aviation security international cooperation on the protection of the air transport worldwide remains a key objective of the Organization. system. The Conference’s achievements have leveraged and built-on the strong global consensus that was generated Provisions for international aviation security were first post-9/11 to strengthen and modernize every aspect of global introduced into the Chicago Convention in 1974 as aviation security and related legal regimes. Annex 17—Security, and since then have been improved 3 “The Beijing Convention and Beijing Protocol, together with Travel document security is addressed by the Machine Readable Travel Document the Assembly