The Procedure of Dispute Resolution in International Civil Aviation

Abstract

This chapter explores the evolution of dispute settlement clauses in both multilateral air law treaties and bilateral air services agreements (ASA)s. In order to achieve such a goal, this chapter sets out the frameworks of dispute resolution mechanisms in international civil aviation under both multilateral and bilateral agreements. Section B will focus on multilateral air law treaties. It first examines the dispute settlement mechanisms for sanctions that are provided under the Chicago Convention before turning to other major multilateral air law treaties. It then focuses on the dispute settlement clauses found in other multilateral air law treaties, divided into two categories: conventions dealing with aviation security and conventions dealing with civil liability. Besides multilateral air law treaties, Section C will concentrate on bilateralism in air services. It first introduces bilateralism in air services and then offers an overview of the Bermuda I Agreement, the Bermuda II Agreement, and the Open Skies Agreement. An updated typological study of dispute resolution clauses in bilateral ASAs has manifested the preferences of State parties in the text of bilateral treaties and how these preferences evolve throughout time. On the basis of the data, Section D will identify three main models of dispute resolution clauses found in ASAs: the Arbitration Model, the Diplomatic Channel Model, and the ICAO Model. The empirical output from Chapter 2 will serve as the first cornerstone for proposals in Chapter 5.