The task for the Term Essay is to conduct an in-depth scholarly examination of the problem
outlined in the presentation, ie analyze the ability of an existing international organization to
solve the global problem; and propose solutions, based in international or domestic law, to
improve the organization’s ability to do so, supported by law and case law.
This is the feedback I got from my prof of the previous part of the assignement:
It is very unexpected that you change the topic to air travel. I accept your explanation of the link between your personal problem of late busses with the global problem of defective regulation of air transport creating delays for those travellers.
Sovereignty over airspace is not a new issue: it was the initial obstacle that led to the creation of the Chicago Convention in the first place. You are correct in stating that the ICAO played a pivotal role in resolving this issue.
You provide a good qualitative description of the Chicago Convention. But your paper will also need to discuss in detail the constituent instrument of the ICAO itself because that has an impact on how the Organization oversees implementation of the treaty.
Solutions: enforcement, enhance international cooperation including info-sharing, incentivize states to adopt standardized aviation regulations. Again, in your paper, provide detail.
Another source of solution to improve the ICAO’s work is case law. We have read a few cases in the course itself, which are relevant to your topic, along with others. There is also case law at the domestic level which speaks to the consistency problem and enforcement of passenger rights.
Overall, your presentation sounds like it was written for a PIL course rather than for an International Organizations course. Your paper needs to focus on the legal solutions, based on the recommendations above, that can improve the ability of the ICAO to address delays and other passenger issues affecting the “cohesiveness” of airline services.
To write an in-depth scholarly essay analyzing the International Civil Aviation Organization’s (ICAO) capacity to address global problems in air travel and proposing legal solutions to enhance its effectiveness, we’ll organize the essay into several key sections. Here’s a detailed outline and some pointers to get started on your 2500-word essay:
Introduction (250 words)
– **Brief Overview**: Introduce the topic of international air travel, its significance, and the role of ICAO.
– **Thesis Statement**: Present your thesis that while ICAO has made significant strides in regulating air travel, there are specific areas, particularly concerning delays and passenger rights, where its effectiveness can be further improved through legal measures.
Background and Problem Statement (500 words)
– **Historical Context**: Discuss the formation of the ICAO and the Chicago Convention, emphasizing the initial challenges of sovereignty over airspace.
– **Current Challenges**: Describe the ongoing issues in international air travel, such as frequent delays, inconsistencies in passenger rights enforcement, and the need for standardized regulations.
Analysis of the ICAO’s Framework (500 words)
– **ICAO’s Constituent Instrument**: Examine the structure and legal framework of the ICAO, focusing on its mandate and how it oversees the implementation of the Chicago Convention.
– **Effectiveness and Limitations**: Analyze how effectively ICAO manages global air travel, highlighting areas where the organization struggles, such as enforcement of standards and international cooperation.
Legal Solutions and Proposals (750 words)
– **Strengthening Enforcement**: Propose detailed legal mechanisms to enhance the enforcement of ICAO regulations, possibly through amendments to the Chicago Convention.
– **Enhancing International Cooperation**: Suggest methods to improve international cooperation, including better information-sharing and joint initiatives to standardize aviation regulations.
– **Case Law Utilization**: Discuss relevant international and domestic case law that could guide the improvement of ICAO’s operations. Incorporate examples from course readings and other pertinent cases.
Implementation of Solutions (500 words)
– **Domestic Law Influence**: Explore how domestic laws can align more closely with ICAO standards to ensure uniformity in enforcement and adherence to passenger rights.
– **Incentives for Compliance**: Suggest incentive-based approaches for states to adopt and implement standardized aviation regulations.
– **Role of Legal Frameworks**: Delve into how international and domestic legal frameworks can be synchronized to support the proposed solutions.
Conclusion (300 words)
– **Summary of Key Points**: Recap the main findings and proposals from your analysis.
– **Call to Action**: Emphasize the importance of legal reforms in enhancing the ICAO’s role in global aviation.
– **Future Outlook**: Briefly discuss the long-term benefits of improving legal frameworks in international aviation.
Citations
– **Use Scholarly Sources**: Ensure that all legal arguments, historical contexts, and case laws are supported by credible scholarly sources. Use a consistent citation style as required by your academic institution.
Writing Tips
– **Clarity and Precision**: Be clear and precise in your language. Legal writing values precision and clarity over ornate language.
– **Critical Analysis**: Throughout the essay, maintain a critical perspective, not just describing but also evaluating the effectiveness of legal instruments and the organization’s actions.
– **Integration of Law and Case Law**: Make sure to integrate relevant laws and case law into your analysis to support your arguments, showing not only knowledge but also the ability to apply this knowledge.
This outline and the tips should provide a structured approach to crafting a comprehensive and insightful term essay. Remember to continuously refer back to the specific requirements of your course and adapt the content accordingly.
Citation style is mcgill legal style 10:
https://guides.library.queensu.ca/legalcitation-mcgill-10th
Examples of articles provided