ICAO: A Supranational Power?

There are powers vested in certain international organizations that are greater than those of sovereign states. This is the case of the ICAO (International Civil Aviation Organization) created in November 1944 by the historic Chicago Convention which laid the foundations of modern commercial aviation. Originally 52 countries were part of this organization, there are now 192, in other words almost all the states of the planet. One of its main roles is to enact the rules that ensure the safety of this fragile sector of activity. The same directives are applicable everywhere in the world and their application is entrusted to the Civil Aviation of the participating countries. These are responsible, among other things, for issuing the famous AOC Air Operator Certificate. However, in order for its authority to be respected, the ICAO has inspectors, attached to the major political units, such as the European Union for example, and these can take away from a country the right to issue the essential CTAs.

This is what has just happened in Tanzania. The inspections carried out by the EU delegates have found very significant deficiencies in the functioning of the Civil Aviation of this country. As a result, all airlines under Tanzanian authority have been placed under a European “Blacklist”. Of course, these carriers can continue to fly in their country but international flights are forbidden to them because neighboring or even distant states must respect the decisions taken in accordance with ICAO rules and moreover no insurance company will dare to cover an operator placed on the “Blacklist”. This is an interesting example of super sovereignty, certainly for a limited part of the economy of countries, but which is imposed on governments, even if the latter exercise their power in a completely legitimate way within their country.

Around the world, a number of countries have been placed in the same situation. They are generally so because the Civil Aviation Authorities concerned are too corrupt and they grant exploitation rights outside the elementary precautionary rules set by the international agency. In fact, the penalties affect carriers first. In some countries only some of them are placed on the death list, but in other countries this sanction affects all registered operators. This is the case for at least 10 African countries, a continent that unfortunately leads by a wide margin, hit by endemic corruption, at least for the affected countries. The list of countries concerned is public, it is not here that we are going to point the finger at them. Some, such as Nigeria, have made considerable efforts to return to international rules, others, such as the Democratic Republic of Congo, are unable to get out of this situation, even though this country, by its size and wealth, should obviously join the concert of International Civil Aviation.

The “Blacklisting” is very similar to the embargo placed not only on the economy of the states concerned but also on their ability to pursue relations with other countries. However, one of the essential prerogatives of a government is to be able to trade with other neighbors, whether state or not. And what is the most effective instrument for this if not air transport? I am always surprised to see that the countries concerned in the world, there are about twenty or so closer to ten others impacted by one or other of their airlines, do not agree to make the necessary efforts to join the great mass of countries authorized to trade with the rest of the world. To do this, you have to accept a few basic rules: solid training for the leaders of the national Civil Aviation and an elementary rule: an Air Transport Certificate cannot be purchased from your national authority.

Finally, air transport is a good indicator of the economic practices that allow the world to exchange people and goods, because the 180 or so countries involved in world trade exercise it with identical safety rules. I am well aware that there are still serious disparities between states, whether on fiscal or social aspects, but air safety rules are not up for discussion, or else we have to accept to leave international relations.

ICAO is the regulator and guarantor of safe air transport. It is thanks to this organization that this activity has been able to grow by constantly improving its reliability. Let us imagine for a moment what would have become of air transport and even the world economy and even relations between states if the ICAO had not been created in a certain month of November 1944.