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By Robert Andre Emmanuel
[email protected]
The International Civil Aviation Organisation (ICAO) continues calling on member states, including those in the Eastern Caribbean, to ratify key international aviation treaties that address safety and security challenges.
Chunyu Ding, Deputy Director of Legal Affairs and External Relations at the International Civil Aviation Organisation, outlined recent developments in international aviation law during the inaugural ECCAA legal seminar last week.
The presentation focused on the new strategic goal for 2026-2050, adopted at the 42nd ICAO Assembly held in 2024, which addresses how international aviation rules tackle emerging challenges.
Ding explained that under Article 12 of the Chicago Convention, countries have a primary safety responsibility to ensure that aircraft follow flight rules and regulations.
This applies to every aircraft in their territory and every aircraft registered under their flag.
“Consequently, contracting states should define penalties specifically for violation of Rules of the Air, develop comprehensive enforcement procedures and guidelines, and provide CAAs under their national legal framework with enforcement action in the event of violation of rules and regulations relating to the flight and manoeuvre of aircraft,” he said.
However, Ding noted that while Article 12 is essential for flight safety, it does not always work effectively because civil aviation authorities struggle to communicate efficiently about rule violations.
Saint Lucia achieved a significant milestone during the Assembly by depositing six instruments of ratification, becoming one of the few Eastern Caribbean states to approve all key aviation treaties prioritized by ICAO.
The treaties include updates to the Chicago Convention, the Montreal Convention on passenger liability, and conventions addressing aviation security threats, including cyber attacks.
“This is a commendable achievement for this region,” Ding said.
The six key treaties promoted by ICAO include the Montreal Convention 1999, which updates compensation rules for airline passenger injuries and deaths; the Beijing Convention and Protocol 2010, which make cyber attacks against civil aviation a crime; the Montreal Protocol 2014 addressing unruly and disruptive passengers; and two 2016 protocols that would increase ICAO Council membership from 36 to 40 members and the Air Navigation Commission from 19 to 21 members.
The 2016 protocols need eight more countries to approve them globally before they take effect, Ding noted.
Emerging threats — including cyber attacks and data protection concerns — are high priorities on ICAO’s legal agenda.
The Beijing Convention and Protocol provide ways to treat cyber attacks against aviation as crimes, though only 53 states have approved the instruments.
ICAO is also examining how different national data protection laws affect international air travel. Many countries have passed regulations governing collection and cross-border transfer of personal information, creating practical challenges for airlines and passengers.
Ding said the differences among national data protection laws, combined with the international nature of air transport and the cross-border movement of passengers and their data, have created significant practical challenges for efficient international air transport.
A questionnaire will be sent to member states by December 15, 2025 to gather information on how data protection requirements affect aviation operations.
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