INTRODUCTION

21
elative to the acceptance of the Conventions (adopted by a two-thirds votes of the
Heaith Assembiy) or agreement within a period of 18 months after its adoption by the
Health Assembly. in case a Member does not accept the convention or agreemert witin
the Said time, it is required to furnish the Director General witha statement of the reasons
tor non-acceptance. Article 37 of the 1.C.A.O. convention authorises the 1GA.O to
adopt repulations with a wide variety of technical matters ossential to the safe and swit
Qperation of international civil aviation. According to Article 90, an annex may be adopted
Dy a two-thirds majority vote of the members of the Council. A regulation thus adopted
comesinto force three months after its submission to the member-States or within the
time specified by the Council, "unless the majority of contracting States register their
disapproval with the Council." Under Article 38 of the I.C.A.O. convention, if a member
tinds t difficut or impracticable to comply with any of the international standards or
procedures adopted by the Council, it is under the obligation to notify l.C.A.O. immediately
of the difterences between its own practices and the practice established by the Annex. If
the member concerned fails to notify or remains silent, it will amount to approval.
As pointed out by an Author,97 "the modifications of the usual internationa
legislative procedures adopted by the World Health Organization and the International
Civil Aviation Organization have permitted these two organizations to make valuable
contributions to international law. In the case of WHO the most important contribution is
without doubt the International Sanitary Regulations." This document is so basic to the
prevention of the 'spread of pestilential diseases and one of the few multilateral treaties or
its scope without serious loopholes due to incompatible reservations, has been described
by Professor Jenks as 'one of the major achievements of the international legislative
process."98 Further, "In the case of the I.C.A.O. the major contribution is in the
international standards and recommended practices and procedures which permit
international air navigation to be carried on with safety, regularity and efficiency.
1.C.A.O's enlightened procedures for modification permit the 1.C.A.O. to keep up with
rapid changes that are taking place in civil aviation and the same time to avoid being
bogged down in many of the ordinary time-consuming activities of other international
organizations."
Reference may also be made here to the unusual legislative procedure introduced
by the Internationaí Labour Organization (LO). Under the Constitution of the ILO,
members have undertaken an obligation to submit conventions and recommendations
adopted by the conference by a two-thirds majority for the consideration of the national
authorities competent to give effect to their provisions. Once accepted, these
conventions become binding upon members. The legislative procedure of the ILO, when
introduced in 1919, was a radical innovation in following three respects: (1) "The whole
conception of a convention being adopted by an international conference by a two-thirds
majority and authenticated by the President and the Secretary-General of the conference
instead of being signed by plenipotentiaries was then new." (2) "An even more radical
innovation than the substitution of adoption for signature was the participation in the act
of adoption of non-government delegates voting independently. This has remained a

unique feature of ILO procedure. "No unprecedented an innovation was

less radical a
the obligation to submit conventions adopted by the International Labour Conference by a

96. Regulations are the combination of international standards' and 'recommended practices' dealing with
technicel matters essential to the safe and swit, operation of international civil aviation and are
designated as "Annexes" to the 1CAO convention. Arecommended practice' is one the unitorm
application of which is desirable in the interests of safety and efficiency of international air navigation.
the members are not under obligation to obey it, on the other hand an "international standard" is
recognised as necessary tor the satety or regularltly of international civil aviation. It is binding upon the
members, L.C.A.O. International Standards and Recommended Practices Personal Licensing Annex.
(Fith Edition), Montreal, (1962), p. 3.
97. George A. Codling, Jr. : "Contributions of the Wortd Health Organization and the International Civi
Aviation Organization to the Development of International Law Proc. ASIL (1985). p. 147.
98. C. Wifred Jenks, the Common Lawof Mankind (London: Stevens & Sons, 1958) op. cit 187.