The attitude in Europe toward the international aviation legal order has not been friendly as of late.
In September, the European Union publicly disavowed a resolution passed by the International Civil Aviation Organization (ICAO) that stressed the importance of states avoiding unilateral action on aviation emissions and the environment. Its reasoning for doing so was simple: The Kyoto Protocol to the United Nation’s Framework Convention on Climate Change clearly recognizes ICAO as the international leader in finding an equitable solution to environmental damage that may be caused by civil aviation. ICAO, which has been the mainstay organization of the global aviation regime for more than six decades, now sits in a precarious position. Its legitimacy rests on the good faith of its members to adhere to its rulings and work within it to ensure the maintenance of a global legal system that is orderly, reputable and efficacious. Pity it would be if ICAO should find itself compelled to mutter, “Apr�s nous, le d�luge.”
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