In considering issues relating to the justi.cation for modernizing the Rome Convention, no single issue stands out as much as environmental damage caused to persons and property on the surface by foreign aircraft. The formal proposal made by Sweden at the 31st Session of the Legal Committee with regard to international rules contained in the Rome Convention of 1952, drew the attention of the Legal Committee to the fact that the concept of damage to the environment, including preventive measures and measures of reinstatement, was a factor to be considered and that environmental questions are of great importance. Environmental awareness of carriers and their responsibilities in terms of minimally affecting the environment by their operations was considered a critical issue. The proposal also called for recognition that measures should be in place for the repair and reinstate-ment of the environment in case of damage. Afortiori, the Committee was advised that such measures were already being contemplated in other fora, necessitating a revision of existing principles of liability under the Rome Convention.
At its 35th Assembly, held in September/October 2004, ICAO Contracting States adopted Resolution A35-5 containing a consolidated statement regarding environmental protection which recognized in limine that many of the adverse environmental effects of civil aviation activity can be reduced by the application of integrated measures embracing technological improvements, appropriate operating procedures, proper organization of air traf.c and the appropriate use of airport planning, land-use planning and management and market-based measures. The resolution also recognizes that other international organizations are becoming involved in activities relating to environmental policies affecting air transport and in ful.lling its role and that ICAO strives to achieve a balance between the bene.t accruing to the world community through civil aviation and the harm caused to the environment in certain areas through the progressive advancement of civil aviation.
ICAO has adopted certain goals toward ensuring optimal environmental protec-tion with regard to air transport in the context of the adverse environmental impacts that may be related to civil aviation activity and its responsibility and that of its Contracting States. At the Assembly session, ICAO Contracting States recognized the need to achieve maximum compatibility between the safe and orderly develop-ment of civil aviation and the quality of the environment. Therefore, in carrying out its responsibilities, ICAO’s goals will be to limit or reduce the number of people affected by signi.cant aircraft noise; limit or reduce the impact of aviation emis-sions on local air quality; and limit or reduce the impact of aviation greenhouse gas emissions on the global climate.
The Resolution also emphasizes the importance of ICAO’s leadership role in all civil aviation matters related to the environment and requests the Council to maintain the initiative in developing policy guidance on these matters, and not leave such initiatives to other organizations; to regularly assess the present and
205C-WP/12391, 11/02/05, Modernizing the Rome Convention of 1952, Appendix A.
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