ICAO Member States. ICAO officially came into being on 4 April 1947, upon sufficient ratifications of the Chicago Convention.50 The webpage of ICAO treats the list of “Member States” the same as “the official list of ICAO Contracting States”, therefore, it seems that ICAO considers that the accession to the Chicago Convention directly implies ICAO membership.51 However, a State’s accession to the Chicago Convention does not automatic- ally lead to membership of ICAO in the sole case that the applicant State is considered as an enemy state as described in Article 93 of the Chicago Conven- tion.52 Article 93 of the Chicago Convention says that “participation in this Convention” by enemy states requires additional procedures: approval by any general international organization set up to preserve peace (i.e., the United Nations),53 four-fifth vote of the ICAO Assembly, and other conditions pre- scribed by the ICAO Assembly such as the assent of any State invaded or attached during the World War II by the applicant State. On the membership of Italy and Japan, ICAO Assembly Resolution A1-9 entitled “Consideration of applications for membership in ICAO” said that Article 93 contains provisions concerning the “application of membership”;54 this is reiterated in ICAO Member States alone or the Community alone … The meaning in each case is to be deduced from the relevant provisions of the Agreement and from the corresponding provisions of the Treaty establishing the Community” (Point 5 of Annex II to the Agreement) (OJ 293/63 ff, at 346/63). 50 ‘The History of ICAO and the Chicago Convention,’ xxxxx://xxx.xxxx.xxx/about-icao/ History/Pages/default.aspx, last accessed 12 April 2020. 51 See xxxxx://xxx.xxxx.xxx/about-icao/Pages/member-states.aspx, last accessed 20 December 2017. 52 Article 93, the Chicago Convention.
