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G. A New Convention on the Marking of Plastic Explosives
appropriate measures to facilitate the implementation of the Convention, including the provision of technical assistance and measures for the exchange of information relating to technical developments in the marking and detection of explosives.649
V. Final Clauses and Final Act
ICAO has been designated the Depositary of the Convention. The Convention is subject to rati.cation, acceptance, approval or accession by States and shall enter into force 60 days after the depositof the 35th such instrument with ICAO, provided that at least .ve of the ratifying or acceding States are Producer States.
Thusa quali.er for the entry into forceof this Conventionhas been added.Asa result, Article XIII para. 2. of the Convention requires States when depositing their instrument of rati.cation, acceptance, approval or accession, to declare whether or not they are a producer State.
Article I, para. 6 de.nes Producer State as ‘any State in whose territory explo-sives are manufactured.’ No further quali.cations have been added, so ultimatelyit is left to States Parties to decide whether they wish to be considered a Producer State.
In the Final Act650 of the Conference the text of a Resolution is included which was adopted by consensus by the Conference. That Resolution addresses the importance of the marking of explosives to prevent unlawful acts against, inter alia, civil aviation, maritime navigation and other modes of transportation and urges States tobecome Party to the Convention as soon aspossible.
The Resolution also urges the international community to consider increasing technical, .nancial and material assistance to States in need of such assistance in order to bene.t from the achievement of the objectives of the Convention.
In Resolving Clause5 it invites the Council to assume the functions assigned to it in the Convention and to maintain, pending the entryinto force of the Convention, the existence of the Ad Hoc Group of Specialists and to respect the principle of equitable geographical representation in the appointment of he members of the IETC. Finally, the Resolution requests the Council to initiate, as a matter of high priority, studies regarding the marking of explosives other than those referred to in the Convention.
In itself the new Convention represents an impressive achievement of States. The speed of its conception is truly remarkable and re.ects positively on the
649An important decision. The effective detection of marked plastic explosives is of course as important as the marking itself, as the one would be completely useless without the other. As civil aviation security isby de.nition a global concept, mutual assistance and co-operation isa must.
650Final Act of the International Conference on Air Law held under the auspices of the Interna-tional Civil Aviation Organization in February–March 1991. Adopted by the Conference on 1 March 1991.
capabilities of ICAO in these matters, while it may be considered through its scope
and purpose a genuine multilateral instrument.
Although the Conference went through several criticalphases, the determination of its participants to get results never wavered and that led to the unanimous adoption of a new instrument of international law. Again, as in the case of the additional 1988 Protocol to the Montreal Convention, this resulthas been achieved in record time.
It is too early to judge the practical value of the Convention, but it is submitted that the possibilities of he Convention are unnecessarily limited by its strict adherence to the term ‘plastic’ in its de.nition of explosives. This restriction may impede further possible developments aimed at broadening its impact.
Much will depend on the concrete implementation of the measures proposed in the Convention through a hopefully quick and widespread rati.cation and the further work of the Ad Hoc Group of Specialists and its successor, the International Explosives Technical Commission.
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Aviation Security Law 航空安全法(192)
