Aviation Security Law 航空安全法(202)

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From the above discussion it becomes clear that, while on the one hand the ICAO Assembly, which in essence is the representative voice of the 190 member States comprising ICAO, has directed the Council to apply and review procedures to inform member States within the scope of Article 54(j) of shortcomings, on the other hand, the overriding separate and individual memoranda signed by ICAO with its member States in the area of security would have to be revised in terms of the con.dentiality clause. Additionally, the Council would have to set in place an understanding with States and appropriate mutually agreed guidelines on the content of such information and the manner in which it is to be divulged.
States retain the powers to act unilaterally and they are not bound to comply with obligations .owing from the Organization’s exercise of conferred powers. States which have delegated powers on ICAO have the legal right under public international law to take measures against a particular exercise by ICAO of conferred powers which is considered to be de′tournement de pouvoir, ultra vires or an internationally wrongful act with which the objecting States do not wish to be associated. A State could also distance itself from the State practice of other Contracting States within the Council if such activity is calculated to form customary international law that could in turn bind the objecting State if it does not persist in its objections.672

671Resolution A35-6, Operative Clause 7. 672See Sarooshi (2005, p. 110).
The above notwithstanding, a signi.cant issue in the determination of ICAO’s effectiveness as an international organization is the overriding principle of univer-sality and global participation of all its 190 Contracting States in the implementation of ICAO policy. This principle, which has its genesis in the Chicago Conference of 1944, has .owed on gaining express recognition of legal scholars. This is what makes ICAO unique as a specialized agency of the United Nations and establishes without any doubt that ICAO is not just a tool of cooperation among States.
References
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de Witte B (1998) Sovereignty and European integration: the weight of tradition. In: Slaughter A-M et al (eds) The European court and national courts: doctrine and jurisprudence. Hart, Oxford Klabbers J (2002) An introduction to international institutional law. Cambridge University Press,
Cambridge Sarooshi D (2005) International organizations and their exercise of sovereign powers. Oxford
University Press, Oxford Schenkman J (1955) International Civil Aviation Organization. Librairie E. Droz, Geneva Seyersted F (1963) Objective international personality of intergovernmental organizations: do
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Chapter 7 Conclusion
A perceived inadequacy of the global framework of aviation security is the lack of an implementation arm. ICAO has taken extensive measures to introduce relevant international conventions as well as Standards and Recommended Practices (SARPs) in Annex 17 to the Chicago Convention. There is also a highly classi.ed Aviation Security Manual developed by ICAO which is provided to States. Addi-tionally, the Organization provides focused security training courses to its member States. However, ICAO’s role is largely con.ned to rule making and the provision of guidance, bringing to bear the need for an aviation security crisis management team on a global scale that could work towards effectively precluding acts of terrorism.
Another measure that could proactively facilitate the arrest of terrorism is the global curbing of the .nancing of terrorism. The United Nations General Assembly, on 9 December 1999, adopted the International Convention for the Suppression of the Financing of Terrorism, aimed at enhancing international co-operation among States in devising and adopting effective measures for the prevention of the .nancing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators.
　
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