International Civil Aviation Organization Participation

International Civil Aviation Organization: Participation of Taiwan in 2013

United States views on international law [1] in relation to International Civil Aviation Organization—taiwan: On July 12, 2013, President Obama signed into law H.R. 1151, an Act concerning participation of Taiwan in the International Civil Aviation Organization (“ICAO”). Pub. Law No. 113-17. President Obama's statement on signing the legislation, Daily Comp. Pres. Docs., 2013 DCPD No. 00495, p. 1, includes the following:

The United States fully supports Taiwan's membership in international organizations where statehood is not a requirement for membership and encourages Taiwan's meaningful participation, as appropriate, in organizations where its membership is not possible. My Administration has publicly supported Taiwan's participation at the ICAO and will continue to do so. Consistent with my constitutional authority to conduct foreign affairs, my Administration shall construe the Act to be consistent with the “one China” policy of the United States, which remains unchanged, and shall determine the measures best suited to advance the overall goal of Taiwan's participation in the ICAO. I note that sections 1(b) and 1(c) of the Act contain impermissibly mandatory language purporting to direct the U.S. Secretary of State to undertake certain diplomatic initiatives and to report to the Congress on the progress of those initiatives. Consistent with longstanding constitutional practice, my Administration will interpret and implement these sections in a manner that does not interfere with my constitutional authority to conduct diplomacy and to protect the confidentiality of diplomatic communications.

Some Aspects of International Civil Aviation Organization—taiwan

Taiwan was subsequently invited by the president of ICAO to participate in the 38th ICAO Assembly in Montreal from September 24 to October 4, 2013. The September 24, 2013 State Department press statement regarding the invitation, available at (Secretary of State website) state.gov/r/pa/prs/ps/2013/09/214658.htm, notes, “Taiwan's active participation in this year's Assembly will promote global aviation safety and security, and will strengthen ICAO as an institution.”

Resources

Notes

1. International Civil Aviation Organization—taiwan in the Digest of United States Practice in International Law