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Journal of Air Law and Commerce

Abstract

The increasing complexity of international civil aviation has outpaced the mechanisms currently available for the peaceful resolution of disputes. While aviation has long been governed by treaties such as the Chicago Convention of 1944 and managed through institutions like the International Civil Aviation Organization (ICAO), many emerging issues remain unresolved by these frameworks. Questions concerning the interaction between aviation and competition law, the legality of air blockades and no-fly zones, and the definitional ambiguities surrounding dual-use technologies such as weaponized aircraft or unmanned aerial systems have created pressing normative and jurisdictional challenges. This Paper argues that the establishment or empowerment of a specialized judicial tribunal represents the most effective and legitimate means of resolving such disputes. The judicial model provides procedural regularity, interpretative consistency, and the capacity to develop coherent jurisprudence in an increasingly fragmented field of air law. Through comparative analysis of existing dispute-resolution mechanisms, including ICAO Council’s procedures, arbitration under Article 84 of the Chicago Convention, and decisions of the International Court of Justice (ICJ), this Paper demonstrates the limitations of the current quasi-diplomatic system. Ultimately, this Study proposes a framework for a standing civil aviation judicial body capable of addressing the emerging legal dimensions of global air transport. By doing so, it aims to strengthen the rule of law in international aviation and ensure that future disputes, whether over market access, environmental restrictions, or aerial security, are resolved through legal reasoning rather than political negotiation.

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