European Air Law Association
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Ladies and Gentlemen:
It is with much pleasure that I welcome you in The Hague and especially in this beautiful building, the Peace Palace, built just before World War I. It is now the home of the United Nations International Court of Justice.
This building serves international co-operation and the international rule of law. That’s why it is the perfect place to hold this conference of the European Air Law Association. Of all international fora dealing with legal aviation issues, your association has a clear leading role. I have great admiration for the role EALA plays as a driving force behind the development of air law, not only in Europe, but also beyond.
Albert Plesman, the first president of KLM Royal Dutch Airlines which was established 90 years ago, used to say: “Airspace connects all people”.
Legal professionals like you know that something that connects us all, can never work well without sound agreements. Safeguards are needed in order to serve everyone’s legal rights and to give everybody a fair chance. Standards are needed in order to secure safety and proper use.
In that respect this year is a special year. Because 65 years ago, in December 1944, 52 countries signed the Chicago Convention on International Aviation, laying the foundation for the International Civil Aviation Organization.
In April 1947 the Chicago Convention officially entered into force. And today there are 190 member states.
Looking back, we can conclude that this document was truly visionary. For the very first time, international principles were laid down for safety in the skies, developing global air transport rules and a fair use of airspace. In 1944 the wild and turbulent years in civil aviation came to an end. In 1944 civil aviation grew to maturity.
Ever since that time, the aviation industry developed like a turbo motor driving global development and economic growth. Let me give you some statistics which were provided by IATA:
- aviation carries around 2.2 billion passengers every year
- the air transport industry generates 5.5 million direct jobs
- the total value of goods transported by air represents one third of all international trade.
The Wright Brothers never would have guessed that their hobby turned out to be such a huge success. They not only gave people wings, but they also provided the world with a new era full of new opportunities.
It was mainly due to the Chicago Convention that these new opportunities were taken advantage of. This agreement gave an important impulse for harmonizing international aviation, especially with regard to safety. It laid the foundation for a regulatory framework stipulating governments’ responsibilities.
ICAO played an essential role here, always working on improving standards to make international aviation safer and more efficient.
Now, 65 years after the Chicago Convention and ICAO were born, it is a good time to look at the challenges that lie ahead of us.
There are three issues I would like to draw your attention to:
1. More attention for compliance with safety standards
First of all we need to think of ways on how to broaden ICAO’s work even further. It is important to keep improving safety standards. But it is even more important that those standards are complied with by everybody.
Air transport is known to be one of the safest means of transport. Therefore it needs to keep up its good reputation. Standards developed by ICAO should be complied with by everybody. If necessary, compliance should be enforced.
European Commissioner Tajani, recently launched the idea to compile a black list of airlines that are not complying with ICAO safety standards. I understand that within ICAO not everybody agrees on that. However, no matter how we will try to regulate this, it is essential that compliance with safety standards should get all the attention it deserves. We do not only owe this to the passengers but to the aviation sector as a whole. The aviation sector cannot thrive without consumer confidence. Therefore we need to be vigilant for those that make the whole industry look bad.
The ICAO high level aviation safety conference which will be held in March next year, offers a unique opportunity to take a step in a new direction. For Europe it is very important that all member states become more transparent about their safety accomplishments. Also, it is of the utmost importance that technical assistance should be given to those countries that are not capable of applying or implementing the ICAO standards on their own.
2. ICAO’s role in Climate issues
A second challenge that lies ahead of us, is a forceful collaborated effort to deal with climate adaptation in the aviation field.
Here ICAO could play a crucial role.
It is ICAO that, over the last 65 years, has acquired an enormous expertise and experience in the aviation field. I could not think of any other organization that has more knowledge about the international aviation system or any other organization that has so much expertise in reaching consensus on an international basis and arranging agreements in the aviation field.
ICAO should be the perfect leader and initiator to tackle the climate issue. If ICAO does not opt to do this, others may step up and take the lead in this. For the moment ICAO still has the tail wind. Even the G-8, who met in L’Aquila this year, strongly spoke in favour of ICAO as the leading agency in this.
In light of the upcoming UN Climate Change Conference that will be held in Copenhagen in December, there seems to be enough momentum right now for ICAO to take this leading role. ICAO should take a stance and urge the need for ambitious and binding emission reduction goals for international aviation. In addition it should take the initiative to further develop those goals.
This would also imply the development and application of good instruments that are market based. The European emission trading system, also known as ETS, is a good example.
It is important that we create a level playing field and work on a global commitment to further reduce aviation emissions. Aircraft entering today’s fleet are 70% more fuel-efficient than 40 years ago. Innovation’s positive power is key here. Let’s use that power to the fullest. This is the moment for global action. The international aviation community has an excellent opportunity to contribute to Copenhagen’s ambitions. We should not lose that moment right now.
3. Change the Chicago Convention?
Ladies and gentlemen: the third and last issue that I would like to address is food for thought for both legal professionals and politicians. Does the Chicago Convention needs to be revised?
This is of course a very controversial issue. There is a lot of pressure on the UN to work more efficiently. And it is quite understandable that the way ICAO works will also be looked at.
The question arises if changing the Convention would be the best way to go about it. Discussing the various changes probably will take up a lot of time. Then the ratification process by all contracting states will also take the necessary time. It may probably be better to save our energy and try to make improvements within the framework of the Convention.
For 65 years the Chicago Convention has earned its merits in international aviation. The agreement has reached a respectable age, but it is still vital and flexible enough to anticipate and adapt to necessary future developments.
For instance, I think about the introduction of next generation air traffic management systems: in Europe SESAR and in the US the so-called NextGen. In the next decade both systems will create an enormous breakthrough in air traffic control. It is very important that within ICAO we monitor these developments and contribute to global harmonization.
Closing remarks
Ladies and gentlemen, air law is not only essential for safe and efficient air transportation but also for a level playing field for fair competition. Your expertise in the air law field is of the utmost importance.
That’s why I am very happy that nowadays many students choose for reputable institutes like the Institute for Air and Space Law at Leiden University and other Institutes in Europe and the rest of the world. These institutes are continuing a tradition that started 65 years ago when the Chicago Convention entered into force.
Over the years, we got so used to a well-organized and safe air transportation system that we don’t seem to realize how thankful we should be to those people who developed this Convention.
In the preamble of the Convention, it says “The future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and the peoples of the world.”
Those words are still our inspiration. Today here in the Peace Palace and tomorrow everywhere in Europe and beyond where you, as air law experts, are doing your very important work.
I wish you a very successful conference.