Blacklisting of Airlines by the European Union and the Disclosure of Safety Critical Information

In this article (Paragraph No.5261) a significant aeropolitical and legal issue facing the international aviation community is the European Union’s policy on blacklisting of airlines that are considered unsafe is presented. This process is predicated upon common criteria that take into consideration the results of checks carried out in European airports and determination as to whether airlines flying into Europe are using poorly maintained, antiquated, or obsolete aircraft. Other considerations are inability of airlines identified as unsafe to rectify shortcomings and the inability or unwillingness of the authorities charged with the safety of such airlines. Tied to the issue are ongoing discussions in the International Civil Aviation Organization (ICAO) of the possibility of limited disclosure of details of the safety audits conducted by the Organization, when its recommendations to States to rectify any safety deficiencies found as a result of the audits are not followed. This disclosure has justification through Article 54(j) of the Convention on International Civil Aviation, which authorizes the ICAO Council to report to contracting States, inter alia, any failure to carry out recommendations or determinations of the Council. This article examines the legal issues involving the blacklisting issue against the backdrop of the developments in the ICAO safety audit process and critically analyzes the role of the ICAO and its Council in the practical application of Article 54(j) of the Convention on International Civil Aviation—a provision which has hitherto not been involved in ICAO’s 60 year history.

  • Corporate Authors:

    International Aviation Law Institute

    DePaul University College of Law, 25 E Jackson Boulevard
    Chicago, IL  United States  60604
  • Authors:
    • Abeyratne, Ruwantissa
  • Publication Date: 2008

Language

  • English

Media Info

  • Media Type: Print
  • Edition: Transfer Binder 2: 2004-2008
  • Features: References;
  • Pagination: pp 1135-1152
  • Monograph Title: Issues in Aviation Law and Policy

Subject/Index Terms

Filing Info

  • Accession Number: 01141812
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 2 2009 2:05PM