Московский журнал международного права (Dec 2020)
The subsidiary rule-making processes in international air law: current issues of theory and practice
Abstract
INTRODUCTION. Within the context of the theory of ‘the concordance of the wills of States’ developed in the Russian doctrine of international law and on the basis of the contemporary practice of States and international aviation organizations (in particular, International Civil Aviation Organization (ICAO)) the author examines the subsidiary rule-making processes in international air law as the integral part of the whole rule-making process of this branch of international law.MATERIALS AND METHODS. The present research has been conducted on the basis of international air law treaties, the resolutions and documents of ICAO, as well as the works of Russian and foreign international law experts. The methodology of the research is based upon general scientific and special methods, including dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal method.RESEARCH RESULTS. On the basis of his research the author has been able to achieve the following results: (1) detailed and precise classification of all acts, decisions and documents (including, in particular, numerous ICAO documents) concerning the activities of international civil aviation and adopted or approved within the framework of the subsidiary rule-making processes in international air law; (2) defining the practical importance of these subsidiary rule-making processes within the context of the whole rule-making process of international air law; (3) discovering current problems of the rule-making process in international air law and proposing possible ways of its improvements in view of the interests of the Russian Federation and international aviation community as a whole.DISCUSSION AND CONCLUSIONS. After examination of the subsidiary rule-making processes currently existing in the international air law it can be concluded that these processes are rather dynamic and well take into account the contemporary development of global aviation and the interests of different States. At the same time, the recent trends within ICAO and other international aviation organizations towards simplification and acceleration of such rule-making processes by way of shifting many substantial provisions from mandatory into non-mandatory acts and documents or through limitation of the States’ participation in these processes can negatively affect the States’ interests, impede the achievement of universal uniformity in regulations, standards and procedures and, eventually, even jeopardize the global aviation safety.
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