The ICAO Council’s Judicial Role under the Chicago Convention

Development summary

Lokman Burak Cetinkaya and Muhammed Furkan Arik examine the duties and powers that the Chicago Convention assigns to ICAO, particularly its Council, in civil aviation disputes between States parties. The focus is the Council’s function under Articles 54(n) and 84, including its authority to consider Convention-related matters and decide disagreements concerning the Convention’s interpretation or application.

Historical disputes and the 2017 Gulf Crisis provide the basis for assessing how that role has operated in practice. The analysis finds that the Council predominantly relies on technical and diplomatic instruments and exercises its judicial powers cautiously and within limits, a design that can weaken legal certainty and predictability, especially in disputes with a strong political dimension.