Reforms of Dispute Resolution Mechanisms in International Civil Aviation

Abstract

Chapter 5 responds to the deficiencies from empirical data in Chapters 2 and 3, as well as theoretical analysis in Chapter 5 systematically. In Section B, it first discusses evolutionary trends in international dispute resolution: the first stage is the proliferation of international courts and tribunals; the second stage is the fragmentation of international courts and tribunals; the final stage is the exit or withdrawal of membership from international courts and tribunals (subsection B.1). Under subsection B.2, it reviews proposals that have been made in the past for the reforms of dispute resolution mechanisms in international civil aviation. In Section C, it argues that of all the proposed options, the reform of the ICAO Council is the optimal choice. It offers two frames for reforms by first assessing past proposals based on two pieces of the foundation. The first piece is a sectorized demand for dispute resolution mechanisms in international civil aviation (subsection C.1). The second piece is the possibility of establishing a new international judicial institution for civil aviation disputes (subsection C.2). Following the analysis of different models, past proposals, and the foundation of a sectorized demand in dispute resolution mechanisms, it sets two feasible frames for reforms: one is a procedural reform in the ICAO Council without creating new organs in subsection C.3, the other is establishing an arbitration institution in the ICAO Council with corresponding expertise, procedure, and a tailor-made arbitration policy in subsection C.4.