Means of Dispute Resolution in International Civil Aviation

Abstract

Chapter 4 distils the empirical data gathered from Chapter 2 and Chapter 3 and boils down two means of dispute resolutions—the political and legal means as two sets of toolkits for resolving disputes. This chapter first highlights the role of ‘aeropolitics’ in the resolution of disputes in international civil aviation under Section B. It starts with defining the notion of aeropolitics and analysis of diplomatic channels in the resolution of international civil aviation disputes in subsection B.1. The notion of aeropolitics is considered from two angles in subsections B.2 and B.3. Subsection B.4 explains the discrepancy between the text of treaties and State practices. Section C focuses on judicial powers in the aviation industry. In subsection C.1, it first defines judicialization in an international context by discussing quasi-judicial powers and their boundaries. In subsection C.2, it analyses how international civil aviation can move towards judicialization. In subsection C.3, even though there is not yet a perceived trend towards judicialization in handling disputes under bilateral air services agreements, it argues that institutionalizing dispute resolution mechanisms is still beneficial in this context. Section D concludes that there are two means of dispute resolution mechanisms in international civil aviation by focusing on two processes that are closely interlinked: the political aspect of dispute resolution, and the legal dimension thereof. This pendulum movement demonstrates an ever-evolving dispute resolution system in the aviation industry, which serves as the third cornerstone for Chapter 5.