
Contents
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A. Introduction A. Introduction
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B. Multilateralism in Air Services B. Multilateralism in Air Services
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1. Dispute resolution mechanism under the Chicago Convention 1. Dispute resolution mechanism under the Chicago Convention
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a) Jurisdiction a) Jurisdiction
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b) Standing b) Standing
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c) Procedure c) Procedure
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d) The role of the ICAO Council d) The role of the ICAO Council
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e) Appeal e) Appeal
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f) Arbitration as an appellate avenue f) Arbitration as an appellate avenue
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g) Enforcement g) Enforcement
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h) The IASTA and the International Air Transport Agreement h) The IASTA and the International Air Transport Agreement
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2. Other multilateral treaties in air transportation 2. Other multilateral treaties in air transportation
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a) Paris Convention 1919 a) Paris Convention 1919
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b) Tokyo Convention 1963 b) Tokyo Convention 1963
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c) Hague Convention 1970 c) Hague Convention 1970
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d) Montreal Convention 1971 d) Montreal Convention 1971
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e) Beijing Convention 2010 e) Beijing Convention 2010
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f) Warsaw Convention 1929 f) Warsaw Convention 1929
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g) Montreal Convention 1999 g) Montreal Convention 1999
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h) Rome Convention 1952 h) Rome Convention 1952
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C. Bilateralism in Air Services C. Bilateralism in Air Services
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1. Regulating the economics of international aviation 1. Regulating the economics of international aviation
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2. ICAO’s ill-adaption to the global economic system 2. ICAO’s ill-adaption to the global economic system
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3. Bermuda I Agreement 3. Bermuda I Agreement
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4. Bermuda II Agreement 4. Bermuda II Agreement
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5. Open Skies Agreement 5. Open Skies Agreement
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a) EU-US Open Skies Agreement a) EU-US Open Skies Agreement
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b) EU-Canada ASA and EU-Qatar ASA b) EU-Canada ASA and EU-Qatar ASA
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c) The Multilateral Agreement on the Liberalisation of International Air Transportation (MALIAT) c) The Multilateral Agreement on the Liberalisation of International Air Transportation (MALIAT)
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D. A Typology of Dispute Resolution Clauses in ASAs D. A Typology of Dispute Resolution Clauses in ASAs
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1. Categories of ASAs 1. Categories of ASAs
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2. Models of dispute resolution clauses 2. Models of dispute resolution clauses
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E. Conclusion E. Conclusion
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F. Annexes F. Annexes
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Annex 1: ICAO Doc C-WP/1171 (1952) findings Annex 1: ICAO Doc C-WP/1171 (1952) findings
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Annex 2: Current composition of the ICAO Council (2019–2022) Annex 2: Current composition of the ICAO Council (2019–2022)
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Annex 3: Model clauses Annex 3: Model clauses
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Model 1: Arbitration Model Model 1: Arbitration Model
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Model 2: Diplomatic Channel Model Model 2: Diplomatic Channel Model
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Model 3: ICAO Model Model 3: ICAO Model
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Model 4: IATA Model Model 4: IATA Model
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2 The Procedure of Dispute Resolution in International Civil Aviation
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Published:January 2022
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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.
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