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International aviation soft-law
scheme as a governance example
for emerging space transportation
Jimena Blumenkron, LL.M., LL.B.
Agenda
 Spacetime – let’s be present
 Learning from experience – let’s revisit our past
 The next giant leap for humankind – let’s visualize our future
Spacetime – let’s be present
Cultural
Political
Environment
Economic
Social
Global governance
 Movement towards political integration of
transnational actors aimed at addressing global issues
 International organizations are evolving into
supranational units of government
 These international organizations respond to a need
to formulate, develop, implement and
keep current a “regulatory system”
Learning from experience
Let’s revisit our past
 21 November 1783 - First flight in a hot air balloon
designed by the Montgolfier brothers
 17 December 1903 - The Wright brothers were the first to
fly in a powered and controlled aircraft
 1910s - rigid airships were the first aircraft to transport
passengers and cargo
 1 January 1914 - First commercial airline flight
 2014 - 100 years of commercial aviation
Learning from experience
Let’s revisit our past
Convention Relating to the
Regulation of Aerial Navigation
13 October 1919, in Paris
26 States
1919
52 States
1944
Convention on International
Civil Aviation
7 December 1944, in Chicago
191 States
2014
Learning from experience
Let’s revisit our past
 Principles and arrangements
 Air Navigation
 Air Transport
 International Civil Aviation Organization
 Final provisions
ICAO’s Overview
SECRETARIAT
 Legal Affairs and External Relations
 Air Transport
Air (191)
Navigation
ICAO MemberStates
ICAO Assembly
 Safety
 Air Navigation
 Monitoring
 Technical Co-operation
 Administration and Services
ICAO Council
Air Navigation Commission
Annexes, Procedures,
Supplements, Manuals, Circulars….
PANS and SUPPs
Annex 19
DOC 9365
DOC 9379
DOC 9481
DOC 9766
DOC 9859 DOC 9992
Making an ICAO Standard
Contracting States
Origin of Proposal
Council
Secretariat
ANC
Panels &
Meetings Committees
Proposal for Action
ANC
ANC Panel
Secretariat
Development Phase
Divisional
Meeting
AN
Study Group
Technical
Proposal
Direct Submission
ANC Preliminary Review
Contracting States
International
Organizations
Review Phase
Secretariat
Validation
Secretariat
Analysis
ANC Final Review
PANS
ANNEX
ANC Approves
ANC Recommends
Subject to Approval
by President of Council
on behalf of Council
Council Adopts
States
States
Adoption/
Publication Phase
Disapprove
Effective Date
Notification of
Differences
To be received
one month prior
to Applicability
Secretariat
Blue Edition
Applicability Date
Blue Edition
Applicability Date
Supplement
Applicability Date
(Usually November)
Standards and
Recommended Practices SARPS
Any specification for physical characteristics,
configuration, material, performance,
personnel or procedure, the uniform
application of which is recognized as
necessary/desirable for the safety or
regularity of international air navigation.
The next giant leap for humankind
Let’s visualize our future
 Emerging industry
 Civil space transportation
 Add-on to global integration
The next giant leap for humankind
Let’s visualize our future
All ships are modes of transportation
Let’s learn from the lessons of the past