The Practice of Dispute Resolution of International Civil Aviation

Abstract

Abstract Chapter 3 examines the State practice and maps out the composition of the number and nature of cases. The purpose of this chapter has two layers: the first layer is to assess the loopholes of dispute resolution mechanisms in international civil aviation and test if the deficiencies embedded in the text of the treaties prove to be true. The second layer is to summarize and highlight the advantages and disadvantages of each forum—the ICAO Council, ad hoc arbitral tribunals, and the ICJ. Section B presents an overview of the case law filed along the same timeline as the air services agreements (ASAs) collected in Chapter 2 (1941–2020). It argues that the number of cases is on the rise and will continue rising in the future. Section C then introduces three fora: the ICAO Council, ad hoc arbitral tribunals, and the ICJ. Of these three fora, the ICAO Council has a special status as a United Nations specialized agency in international civil aviation. This forum is also the optimal choice for reforms proposed in Chapter 5. Section D provides an overview of case law arising out of these disputes under both multilateral air law treaties and bilateral ASAs. Chapter 3 serves as the second cornerstone with practical evidence for proposals in Chapter 5.