Settlement of International Civil Aviation Disputes مقاله

خلاصه ماشینی:

3) International Court of Justice: Special jurisdiction: Pursuant to Article 84 of the Chicago Convention, the disputing parties may request a review from the International Court of Justice of the decision issued by the ICAO Council regarding the referred dispute - which was mentioned in Section 2-B(1). 10 It is worth noting that since the aforementioned judicial formalities and procedures are not applicable for resolving disputes related to bilateral air services agreements (private international law), proposals have been made to establish an international court to handle aviation disputes in order to create more unity in the field of interpreting bilateral agreements; however, these have not yet reached the approval stage, and currently, arbitration is the only judicial procedure available to states for the settlement of inter se aviation disputes. Each contracting government may, with reference to Article 85, request a review of the decision issued by the Council before a special arbitral tribunal, the formation of which has been agreed upon with the other parties, or before the International Court of Justice. For example, the standard conditions of the bilateral agreements approved at the third meeting of the European Civil Aviation Conference in Strasbourg (1959), in Article 13, state that: "1) In the event of any dispute arising regarding the interpretation or implementation of the present agreement, the contracting parties shall, in the first instance, endeavor to resolve it through negotiation. Pursuant to Articles 81 to 83 of the Chicago Convention, contracting states must register all the aforementioned bilateral agreements with the International Civil Aviation Organization.