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17Resolution A33-1, Declaration on misuse of civil aircraft as weapons of destruction and other terrorist acts involving civil aviation, Assembly Resolutions in Force (as of 8 October 2004) ICAO Doc. 9848. at VII-1.
18Convention on International Civil Aviation, signed at Chicago on 7 December 1944. See ICAO Doc 7300/9 Ninth Edition 2006.
C. Emerging Threats
Finally the Resolution directed the Council of ICAO and the Secretary General to act urgently to address new and emerging threats to civil aviation, in particular to review the adequacy of existing aviation conventions on security.
In response to the requirement of A33-1, that ICAO act with some urgency to address new and emerging threats to civil aviation, an ICAO Special Sub Commit-tee meeting of the Legal Committee on the subject of preparation of one or more instruments addressing new and emerging threats was held at ICAO Headquarters from 3 to 6 July 2007.19
At this meeting, Australia submitted a proposal20
to prohibit the intentional and unlawful transport by air of particularly dangerous goods and fugitives. In this paper, Australia quoted the Preamble21
to the Chicago Convention and emphasized that ICAO was created to help ensure the safe and orderly growth of civil aviation and to encourage the operation of civil aircraft for peaceful purposes. It was also the view of Australia that there were gaps in the international legal framework with regard to the unlawful transport of biological, chemical and legal weapons and other dangerous material on board civil aircraft and that the international aviation community had a responsibility to address these lacunae and shortcomings, particularly when an opportunity such as the one pre-sented through the ICAO meeting arose.
The Sub Committee meeting had the opportunity, through the Australian paper, to note other international legislation on the transportation of dangerous materials. For example, the 2005 Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation which underscores the extreme danger of use by unlawful activity of maritime transport of nuclear, chemical or biological weapons.22
Additionally, there are other guidance material, such as those issued by the World Health Organization23which provide practical guidance to facilitate compliance with current international regulations for the transport of
19One of the terms of reference of the Sub Committee as agreed by the ICAO Council was: to prepare, in light of A33-1 and the guidance of the Council, one or more draft instruments addressing the new and emerging threats to civil aviation. See Special Sub Committee on the Preparation of One or More Instruments Addressing New and Emerging Threats, Introductory Note, LC/SC-NET-WP/1, 29/05/07 at p. 2.
20Proposal to Prohibit the International and Unlawful Transport by Air of Particularly Dangerous
Goods and Fugitives, LC/SC-NET-WP/3, 5/07/07.
21The Preamble to the Chicago Convention recognizes that the future development of international
civil aviation can greatly help to create and preserve friendship and understanding among the
nations and peoples of the world, and yet its abuse can become a threat to the general security. It
also states that it is desirable to avoid friction and to promote co-operation between nations and
peoples upon which the peace of the world depends. In pursuance of these objectives, governments
signed the Convention that contains certain principles and arrangements in order that international
civil aviation may be developed in a safe and orderly manner and that international air transport
services may be established on the basis of equality of opportunity and operated soundly and
economically.

22United Nations (2009, p. 1–2).
23Guidance on Regulation for the Transport of Infectious Substances, World Health Organization,
September 2005, WHO/CDS/CSR/LYO/2005.22.
　
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