Rethinking the potency of ICAO SARPS on global reduction of aviation emission and protection of global environment

Authors

  • Murtala Ganiyu Abdul Murgan University of Ilorin, Faculty of Law
  • Abdul Ghafur Hamid International Islamic University, Ahmad Ibrahim Kulliyyah of Laws
  • Maizatun Mustapha International Islamic University, Ahmad Ibrahim Kulliyyah of Laws

DOI:

https://doi.org/10.46282/blr.2017.1.2.73

Keywords:

Rethinking, Potency, SARPs Annex16 Vol. II, Reduction, Civil Aviation Emission

Abstract

The Standards and Recommended Practices (SARPs) of Annex 16 Vol. II, Chicago Convention 1944, are created and adopted by the International Civil Aviation Organization (ICAO), for the purpose of regulating aircraft emission in the civil aviation sector. The creation of ICAO standard and Recommended Practices on aviation environment came up in 1981, following the declaration in Article 2(2) of Kyoto protocol to UNFCCC that developed countries of (Annex I parties), shall pursue limitation or reduction of emission of greenhouse gases from aviation by working through the international civil aviation organization (ICAO). However, while the SARPS have been recognized by ICAO and the contracting states as the sole international regulations for reduction of aviation emission, the SARPs are also known to have some limitations on reduction of aviation emission. This paper therefore examines the capacity of SARPs Annex 16 Vol II of Chicago Convention 1944 to make effective reduction in international reduction of aviation emission for protection of environment. This involves identifying the strength and limitations of ICAO SARPs on reduction of aviation emission as well as making recommendations for improved performance. A qualitative-doctrinal research approach is adopted where by the bulk of analysis on the study is based on information from library research materials the study concludes the ICAO SARPs have more limitations than strength and would require some improvement for achieving a more effective reduction in aviation emission.

References

CHARNEY, J.L. From Commitment and Compliance, The Role of Nonbinding Norms. In SHELTON, D. (ed.) Compliance with International Soft Law. Oxford University Press, 2000.

CRASTON, J. Civil Aviation and the Environment. UNEP. Industry and Environment publication, 1993.

BUERGENTHAL, T. Law Making in the International Civil Aviation Organization. 1st edition. Syracuse University Press, 1989.

PEI JAN, A. – PETSONK, A. The Skies, An Airline Based System for Limiting Greenhouse Gas Emission from International Civil Aviation, Environmental Lawyer, Vol. 76, 2000.

MARTINEZ, M. – VAN ASSELT, H. International Regulation of Aviation Emission, Putting Differential Treatment into Practice. In Oxford Journal of Environmental Law, 27, Vol. 3, 2015. https://doi.org/10.1093/jel/eqv006 DOI: https://doi.org/10.1093/jel/eqv006

LIU, J. The Role of ICAO in Regulating Greenhouse Gas Emission from Aircraft, Carbon and Climate Change. In Carbon and Climate Change Law Review. Vol. 5. no. 4/2011. https://doi.org/10.21552/CCLR/2011/4/199 DOI: https://doi.org/10.21552/CCLR/2011/4/199

SARAO, E. J. Global Versus Unilateral Measures to protect the World’s Environment : Implications for the Air Transport Industry. In Journal of Air and Space Vol. 27/2002, 51.

VANDAM R.D. Regulating Aviation: An ICAO perspective. In TANJAH M.L. – ZWA, P. – MENDES LEONE, M.J. (eds.) ICAO at the beginning of 21st century, Air Space Law, Vol. 313/2008, 53.

Convention on International Civil Aviation (Chicago Convention 1944), (Doc 7300/9).

ICAO establishment of an ICAO Universal Safety Oversight Audit Programme, Assembly Resolution A32 11 at 32 session of the Assembly.

Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) 1997,

Standard And Recommended Practices (SARPs) Annex 16 vol. II, of the Convention on International Civil Aviation (Chicago Convention),1944.

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Published

31-12-2017

How to Cite

Murgan, . M., Hamid, A., & Mustapha, M. (2017). Rethinking the potency of ICAO SARPS on global reduction of aviation emission and protection of global environment. Bratislava Law Review, 1(2), 28–37. https://doi.org/10.46282/blr.2017.1.2.73