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國際民航組織的立法功能
Journal article

國際民航組織的立法功能

居正 黃
臺灣國際法季刊, Vol.2(1), pp.95-124
2005

Abstract

國際民航組織;航空法;專門機構;立法條約;準立法;前立法;選擇脫免;規避;ICAO;Air law;Specialized agency;Law making treaty;Quasi-legislative;Pre-legislative;Opt-out

International air law is, among other international regulations, mostly related with state sovereignty, and is treated undeniably by every sovereign states as the indivisible facility to ensure the national interests. Due to the unique legal status, Taiwan is not allowed to participate formally with ICAO and other IGOs and their legislative process, which unavoidably resulted in an indifference in consciousness with the rapidly growing regulatory scheme. Such a practice not only creates an acquiescence to the deterioration of Taiwan's sovereignty, including the concession to state jurisdiction, but also a common consensus of the global community over her status quo, which is conceivably in contradiction with the national goal of Taiwan. Therefore, it would be feasible for this article to briefly yet systematically introduce the organization of ICAO and her law making functions so to delineate the legitimation basis of contemporary international air law. And through which may we try to figure out certain solutions to integrate and create domestic coherence with the regime for the non-members such as Taiwan.

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