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The resolution of disputes in international civil aviation: procedure, practice, means and reforms

Student thesis: Doctoral ThesisDoctor of Philosophy

This thesis investigates dispute resolution mechanisms in international civil aviation, with a primary focus on the functions of the International Civil Aviation Organisation (ICAO) Council. The Convention on International Civil Aviation (Chicago Convention) has laid the foundation for dispute resolution mechanisms in international civil aviation, which led to the creation of the ICAO. However, economic regulations have been left out from the Chicago Convention. Over the years there has been a proliferation of bilateral ASAs and the multiplication of multilateral treaties. With the advancement of the aviation technology, this thesis considers whether dispute resolution mechanisms should be modernised, and if so, what form such modernisation might take.

The thesis is divided into five chapters. The first chapter provides an introduction,defines the scope of the research and introduces the methodology employed. The second chapter is an empirical chapter, which traces the evolution of dispute resolution clauses under both multilateral air law treaties and bilateral ASAs with the most updated data collected to date. The third chapter analyses how disputes brought to the for a designated under the treaties in Chapter II are resolved in practice. The fourth chapter builds on the empirical evidence provided in Chapters II and III to critically assesses the political and legal means that are involved in the settlement of international aviation disputes. The final chapter proposes reforms on the basis of the lessons learnt in the previous chapters and introduces proposals for amending rules of procedures in the ICAO as well as establishing a new arbitral institution in the ICAO system.
Original languageEnglish
Awarding Institution
Award date1 Oct 2020

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