Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-05T15:51:18.597Z Has data issue: false hasContentIssue false

10 - Settlement of Disputes at the ICAO and Sustainable Development

from Part III - Dispute Settlement

Published online by Cambridge University Press:  22 August 2018

Armand L.C. de Mestral
Affiliation:
McGill University, Montréal
P. Paul Fitzgerald
Affiliation:
McGill University, Montréal
Md. Tanveer Ahmad
Affiliation:
McGill University, Montréal
Get access

Summary

This article aims to present the dispute settlement mechanism established in Chapter XVIII of the Chicago Convention. To this end, the article will analyze how the Council could resolve a potential dispute involving a defense of sustainable development. For this exercise, purely hypothetical cases will be analyzed, in which the European Union (EU) decides to unilaterally implement its emissions trading scheme in the field of aviation or in which the EU or a major aviation state applies the GHS emissions scheme mandated by the ICAO Assembly in 2016 to a state that considers it should be exempted. These cases will serve as hypotheticals to consider whether the dispute settlement mechanism set out at Article 84 of the Chicago Convention could serve to resolve such a dispute. The ICAO dispute settlement mechanism has been criticized many times in the ICAO’s history. In fact, the five disputes brought under the present article have each been resolved through diplomatic channels, involving the good offices of the President of the ICAO Council. Therefore, despite the difficulties presented by the procedure and the peculiarity of the EU representation at the ICAO, this chapter seeks to demonstrate that a potential dispute with respect to sustainable development will most likely be resolved the same way as has been done previously.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×