On 4 September 2014, Raymond Benjamin, Secretary General of the International
Civil Aviation Organization (ICAO) wrote to Commander Chris Hadfield, former
Commander of the International Space Station, inviting him to get involved in a
joint United Nations/lCAO initiative designed to plan and promote the safe and
efficient development of commercial space flight. The Secretary General in his letter
advised Commander Hadfield that in this context, ICAO will host a groundbreaking
UN/ICAO Commercial Aerospace Symposium from 18 to 20 March 2015
at its world Headquarters in Montreal, stating further that the Symposium will focus
on the technological, political, economic and social aspects of commercial space
development that are fundamental to safe and efficient commercial space flight.
Typically, and not surprisingly, there was no mention of the most fundamental
consideration—legal aspects of commercial space transportation—which would be
the cornerstone of any discussion pertaining to commercial space flight. One of
ICAO’s key functions is in the legal sphere of aviation both in treaty making and in
acting as advisor on matters of air law to its member States. Yet, it has shown a
feckless insouciance in delivering in this area, and its ineptitude has led to recent
legal instruments adopted under ICAO’s auspices and guidance—such as the 2010
Beijing Convention and the 2014 Protocol to the Tokyo Convention of 1963—
being fundamentally flawed. It also begs the question as to how ICAO could
address inter alia political and social issues related to commercial space transport
without inquiring into the legal possibilities of the Organization’s involvement.