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Matthew H. Ormsbee’s article in Air and Space Law addresses the debate that intensified after the ICJ’s 2020 Qatar decision over the character of the ICAO Council’s dispute-resolution role. It considers whether, when the Council acts under Article 84 of the Chicago Convention, that role should be treated as judicial in nature, what independence and impartiality safeguards should follow, and what procedural fairness concerns arise, drawing together arguments from academics and practitioners. The article concludes that the Council’s dispute-resolution framework raises fairness concerns and may have knock-on effects for other international bodies with dispute-resolution functions.
Whether procedural fairness and impartiality safeguards apply when the ICAO Council performs dispute resolution under Article 84 of the Chicago Convention
Air and Space Law · 2023
DOI 10.54648/aila2023055