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2Assembly Resolutions in Force (as of 5 October 2001), ICAO Doc 9790, at p. VII-1. Also of general interest is UN General Assembly Resolution 56/88, Measures to Eliminate International Terrorism, adopted at the 56th Session of the United Nations which calls upon States to take every possible measure in eliminating international terrorism. See A/RES/56/88, 24 January 2002.
B. The ICAO Response appropriate decisions for a more stable funding of ICAO action in the .eld of
aviation security, including appropriate remedial action.
Resolution A33-1 also directed the Council to convene, at the earliest date, an international high-level, ministerial conference on aviation security in Montreal with the objectives of preventing, combating and eradicating acts of terrorism involving civil aviation; of strengthening ICAO’s role in the adoption of SARPs in the .eld of security and the audit of their implementation; and of ensuring the necessary .nancial means to strengthen ICAO’s AVSEC Mechanism, while providing special funding for urgent action by ICAO in the .eld of aviation security.
On 19 and 20 February 2002, in keeping with the requirement of Assembly Resolution A33-a high level ministerial conference on aviation security was held in the Headquarters of the International Civil Aviation Organization, Montreal. In the words of Dr. Assad Kotaite, President of the ICAO Council who opened the Conference (and later served as the Chairman of the Conference), the Conference was being held “...at a critical juncture for civil aviation and for society at large ... and would review and develop global strategy for strengthening aviation security with the aim of protecting lives both in the air and on the ground, restoring public con.dence in air travel and promoting the health of air transport in order that it can renew its vital contribution to the world economy...”3
Dr. Kotaite stated that this was a historic moment in the evolution of civil aviation.
At this Conference, attended by Member States of the International Civil Aviation Organization, Some 714 participants from 154 Contracting States and observers from 24 international civil aviation organizations endorsed a global strategy for strengthening aviation security worldwide and issued a public declara-tion at the conclusion of their two-day meeting.
The High Level Ministerial Conference came to several conclusions and adopted numerous recommendations containing guidance for follow up action. The Confer-ence concluded that the events of 11 September 2001 have had a major negative impact on world economies and an impact on air transport which is unparalleled in history and restoration of consumer con.dence in air transport and assurance of the long-term health of the air transport industry are both vital, and many States have already initiated a range of measures to this effect. It was also the view of the Conference that the effective application of enhanced uniform security measures, commensurate with the threat, will help to restore con.dence in air transport, but these measures will need to be passenger and cargo user-friendly and not overly costly for the industry and its consumers if traf.c growth is to be regenerated. Accordingly, the Conference recommended that consistent with Assembly Resolu-tion A33-1, States should intensify their efforts to achieve the full implementation and enforcement of the multilateral conventions on aviation security as well as of the ICAO Standards and Recommended Practices (SARPs) relating to aviation security and take within their territories appropriate additional security measures
3ICAO News Release PIO 02/2002.
which are commensurate with the level of threat and are cost effective. Since restoration of con.dence in air transport is a collective responsibility, the Confer-ence called upon States to enhance international cooperation in aviation security and assist developing countries to the extent possible.
With regard to the compelling need to strengthen aviation security worldwide, the Conference concluded that a strong and viable aviation security (AVSEC) programme was indispensable and that a global uniform approach to the imple-mentation of the international aviation security standards is essential, while leaving room for operational .exibility. It was also considered useful to establish regional and sub-regional approaches which could make a signi.cant contribution to ICAO’s aviation security activities. The Conference concluded that aviation secu-rity was a responsibility of Contracting States, and States which outsource aviation security programmes should therefore ensure that adequate governmental control and supervision are in place. The Conference also observed that, since gaps and inadequacies appear to exist in international aviation security instruments with regard to new and emerging threats to civil aviation, further study was needed in this regard. There was a need for a comprehensive ICAO Aviation Security Plan of Action for strengthening aviation security, through a reinforced AVSEC mechanism, an ICAO aviation security audit programme, technical cooperation projects, promotion of aviation security quality control functions and appropriate performance indicators.
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Aviation Security Law 航空安全法(6)
