THE XXXX CONCEPT IN STATE AND ICAO PRACTICE Sample Clauses

THE XXXX CONCEPT IN STATE AND ICAO PRACTICE. At present there is no internationally agreed definition of a XXXX as understood in the ICAO context. As was explained in the previous chapters, in practice each of these organisations falls into one of the two basic categories, that is RSOO and RAIOs, depending on whether its function is safety regulation and oversight, or investigation of aviation accidents and incidents. The present approach of ICAO and of the international aviation communi- ty is to treat RSOOs and RAIOs as broad concepts covering different forms of cooperation, even including technical cooperation projects. The common denomi- nator which is used by ICAO and States to define an organisation or form of co- operation as a RSOO or a RAIO is its general objective of strengthening safety 1 Former Director of the Air Transport Directorate of the European Commission speaking on the occasion of the EC-ICAO Symposium on Regional Organisations,supra note 43 in Ch.1. oversight and investigation capabilities of States located in the same geographical region, rather than being defined by the particular institutional or legal setup.2 The above understanding is confirmed by ICAO manuals, which in the case of RSOOs explain that this term: [C]overs, in a general sense, a number of legal forms and institutional structures that range from highly formalized international intergovernmental organizations…to less insti- tutionalized projects established under the ICAO Cooperative Development of Operation- al Safety and Continuing Airworthiness Programme.3 ICAO further explains in its RSOO manual that: Assembly resolutions essentially leave it up to each group of States that wishes to estab- lish an RSOO to determine the legal form and institutional structure that best fits the needs and characteristics of their specific region.4 In the case of a RAIO, the ICAO manual on this subject simply describes the different functions that such organisations may undertake without offering any specific definition.5 There are at least two reasons for this current broad approach of ICAO. Firstly, from a policy point of view, ICAO does not want to exclude from its re- gional safety framework any initiative, even if institutionally not very formalised, which contributes to the improvement of aviation safety. Most importantly how- ever, as will be demonstrated in Chapter 5, regional aviation safety bodies have a general tendency to evolve over time into more institutionalised forms. Therefore, an organisation which today is o...
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