International aviation soft-law scheme as a governance example for emerging space transportation

Jimena Blumenkron, LL.M., LL.B.

Spacetime – let’s be present

Learning from experience – let’s revisit our past

The next giant leap for humankind – let’s visualize

our future

Agenda

Spacetime – let’s be present

Political

Economic

Cultural

Social

Environment

Movement towards political integration of transnational actors aimed at addressing global issues

International organizations are evolving into supranational units of government

These international organizations respond to a need to formulate, develop, implement and keep current a “regulatory system”

Global governance

Learning from experience Let’s revisit our past

21 November 1783 - First flight in a hot air balloon designed by the Montgolfier brothers

17 December 1903 - The Wright brothers were the first to fly in a powered and controlled aircraft

1910s - rigid airships were the first aircraft to transport passengers and cargo

1 January 1914 - First commercial airline flight 2014 - 100 years of commercial aviation

52 States1944

191 States2014

Convention on InternationalCivil Aviation

7 December 1944, in Chicago

Learning from experience Let’s revisit our past

Convention Relating to the Regulation of Aerial Navigation13 October 1919, in Paris

26 States1919

Principles and arrangements

Air Navigation

Air Transport

International Civil Aviation

Organization

Final provisions

Learning from experience Let’s revisit our past

ICAO’s Overview

ICAO Assembly

ICAO Council

Air Navigation Commission

ICAO Member States (191)

SECRETARIAT Legal Affairs and External Relations Air Transport Air Navigation

Safety Air Navigation Monitoring

Technical Co-operation Administration and Services

Annexes, Procedures, Supplements, Manuals, Circulars….

Annex 19

PANS and SUPPs

DOC 9365

DOC 9379

DOC 9481

DOC 9766

DOC 9859

DOC 9992

Making an ICAO Standard

Contrac ting S tates

Sec retariat

Sec retariatA N

Study Group

A N C P anel

A N C

A N C A pproves A N C Rec ommends

P roposal for A c tion

Tec hnic al P roposal

A N C P reliminary Review

A N C F inal Review

C ounc il A dopts

Applicability Date

States

Divis ionalM eeting

Subject to Approvalby P resident o f Council

on behalf o f C ouncil

Applicability D ate(U sually N ovem ber)

Effective DateDisapprove

Notification ofDifferences

Supplement

C ounc ilSec retariat A N C

C ontrac ting S tates

InternationalOrganizations

Sec retariat A nalys is

B lue Edit ionB lue Edit ion

Applicability Date

M eetings P anels &Committees

Direc t Submiss ion

Validation

Sec retariat

To be received one month prior to Applicability

PANS AN NEX

States

Origin of ProposalOrigin of Proposal

Development PhaseDevelopment Phase

Review PhaseReview Phase

Adoption/Publication Phase

Adoption/Publication Phase

Standards and Recommended Practices SARPS

Any specification for physical characteristics, configuration,

material, performance, personnel or procedure, the uniform application of

which is recognized as necessary/desirable for the safety or

regularity of international air navigation.SOFT-L

AW

The next giant leap for humankind Let’s visualize our future

Emerging industry Civil space transportation Add-on to global integration

The next giant leap for humankind Let’s visualize our future

All ships are modes of transportationLet’s learn from the lessons of the past