The Impotence of the Chicago Convention's Dispute Settlement Provisions
10 Issues in Aviation Law & Policy 27 (2010)
12 Pages Posted: 7 Dec 2013
Date Written: September 5, 2010
The purpose of this article is to provide an account of why the Chicago Convention's dispute settlement provisions have been (and will likely continue to be) impotent for the duration of the treaty's history. By examining the Convention's dispute settlement provisions from a rational choice perspective, the author argues that they are, at best, a convenient mechanism for triggering inter-state dialogue and a poor device for forcing treaty compliance. While this assessment might offend the sensibilities of traditional doctrinalists and legalists, the author contends that this is of little concern. The Chicago Convention, like many international agreements, functions because it has instrumental value and the costs of defecting from the treaty's rules and standards outweigh the few benefits of doing so, the author concludes.
Keywords: aviation, aviation law, international law, Chicago Convention, dispute settlement, International Civil Aviation Organization, public international law
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