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286The Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (ICAO Doc 7300/9, Ninth Edition, 2006), de.nes, in Article 2, “territory of a State” as the land areas and territorial waters adjacent to the State under the sovereignty, suzerainty, protection and mandate of such State.
287API involves exchange of data information between airlines and customs authorities, where an incoming passenger’s essential details are noti.ed electronically by the airline carrying that passenger prior to his arrival. The data for API would be stored in the passenger’s machine readable passport, in its machine readable zone. This process enables customs authorities to process passengers quickly, thus ensuring a smoother and faster clearance at the customs barriers at airports. One of the drawbacks of this system, which generally works well and has proven to be effective, is that it is quite demanding in terms of the high level of accuracy required. One of the major advantages, on the other hand, is the potential carried by the API process in enhancing aviation security at airports and during .ight. See Abeyratne(2002b, pp. 631–650).
way determine is effected, were the digitized photograph is visually matched (non electronically) with the three way check described above.288 In this context, it is always recommended that the facial image (conventional photograph) should be incorporated in the travel document along with the biometric templates in order to ensure that his identity couldbe veri.ed at locations where there is no direct access to a central database or where the biometric identi.cation process has not entered into the legal process of that location.
In May 2003, The New Technologies Working Group (NTWG) of the Technical Advisorygroup on Machine Readable TravelDocuments (TAG/MTRTD) of ICAO, endorsed its New Orleans Principle of March 2003, which resolved that member States will continue to use the facial image as the primary identi.er for MRTDs and as such the utilization of standardized digitally-stored facial images should be the globally interoperable biometric to support facial recognition technologies for machine assisted identity veri.cation with MRTDs. Furthermore, the NTWGrecog-nized that in addition to digitally stored facial images, member States of ICAO could also use digitally stored iris images or .ngerprints as additional globally interopera-ble biometrics for purposes of identifying persons through MRTDs.
The challenges facing biometric technology are few, but signi.cant. Biometric technology is evolving so rapidlythat it is dif.cultto maintain consistent standards. The standards themselves are not regularly tested. Some technologies are not adequately established so as to lend themselves to easy decoding and interpretation, particularly when con.rming identity on a one-to-one basis with a large central database. More importantly, from a legal perspective, biometric technology brings to bear the compelling need to be aware of privacy issues289 and data protection legislation of various jurisdictions, as well as liability of the database manager that might emerge pursuant to a breakdown of the database or inaccuracy of information produced as a result of data-matching, which in turn might lead to inconsistencies in the identi.cation process.
II. Public Key Directory
In order to assure inspecting authorities (receiving States) that they would know when the authenticity and integrity of the biometric data stored in the MRTD,
288Issuing States must ensure the accuracy of the biometric matching technology used and functions of the systems employed if the integrity of the conducted checks are to be maintained. They must also have realistic and ef.cient criteria regarding the number of travel documents checked per minute in a border control situation and follow a regular biometric identi.cation approach such as facial recognition, .ngerprint examination or iris identi.cation system.
289Abeyratne(2001b, pp. 153–162; 2002a, pp. 83–115). Also Abeyratne(2002b, pp. 631–650).
　
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