Aviation Safety, ICAO and Obligations Erga Omnes

The International Civil Aviation Organization (ICAO) is a United Nations (UN)-specialized agency mandated to promote the safety of international civil aviation. Because of the importance of air transport in the contemporary society, safety issues have become a matter of prime and common concern. Safety oversight function is not only the individual but also the collective responsibility of States. In view of the inherent link between aviation safety and the elementary considerations of humanity, the obligation to provide safety oversight has arguably acquired an erga omnes character, and all States have a legal interest in its observance. The audit activities of ICAO have provided some preliminary experience demonstrating that this obligation should ideally be enforced through centralized and neutral mechanisms within the UN system.