Norberto E. Luongo – Recent Developments in the ICAO Settlement of Disputes Mechanism

DIRITTO E POLITICA DEI TRASPORTI (ISSN 2612-5056), II/2020, p. 102 – 122

Abstract. The Chicago Convention, the founding document of the International Civil Aviation Organization (ICAO),
includes a mechanism for the settlement of disputes between the organization’s Member States. In the relevant provision of such Convention, the ICAO Council is empowered to exercise a sui generis judicial activity that has rarely been used during the history of ICAO (although there seems to be an incipient renewed interest in its application). This article reviews the history of the application of this procedure, analyzes some controversial aspects of it, and presents some recent developments thereto related, namely: 1) the ongoing process of review of the ICAO Rules for Settlement of Differences, and 2) the recent judgments of the International Court of Justice on the appeals in the ongoing cases between BAHRAIN, EGYPT and UNITED ARAB EMIRATES and QATAR.