Flights of Fancy & Fights of Fury: Arbitration and Adjudication of Commercial and Political Disputes in International Aviation
Bibliographic record
Abstract
By its very nature, aviation is inherently international in character, shrinking the planet and drawing together disparate peoples, cultures, and economies. As aircraft cross borders into foreign airspace and land at foreign airports, conflicts inevitably arise at both commercial and political levels. It is the resolution of these disputes that is the focus of this Article.International dispute settlement mechanisms exist along a spectrum. Coercive means exist at one end, while legal means exist at the other. This Article focuses on the latter, and in particular, the ad hoc arbitrations that have resolved commercial aviation disputes, as well as the adjudication of aviation disputes before the International Civil Aviation Organization (ICAO), and the International Court of Justice.Bilateral air transport agreements (bilaterals) define legal rights between nations in the realm of commercial aviation. Rights and responsibilities defined therein concerning airline traffic rights, rates, capacity, safety, security, and competition often lead to conflict between signatory states. Most bilaterals require consultation by governments over disputes before any retaliatory action is taken. Early bilaterals called an advisory report or adjudication by the ICAO. The Chicago Convention also provides for dispute resolution before the ICAO Council. Modem bilaterals have replaced the ICAO as a dispute resolution forum with ad hoc arbitration, usually with three arbitrators. Bilaterals typically call for termination only on twelve months' prior notice.In the history of international aviation, relatively few disputes have resulted in ad hoc arbitration or ICAO or ICJ adjudication. At this writing, only six aviation disputes have been submitted to arbitration, only five have been submitted to the ICAO for adjudication, and only twelve have been filed with the ICJ. Most aviation disputes are resolved through negotiation, and, depending on the relative strength of the aviation trading partners, unilateral coercion. This Article will review the six ad hoc arbitrations that have been sought to resolve issues of commercial aviation. It will also review the five aviation disputes that have been brought before the ICAO Council for quasi-judicial resolution. Finally, this Article will review the dozen aviation disputes that have been brought before the ICJ.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.050 | 0.066 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.003 |
| Science and technology studies | 0.014 | 0.021 |
| Scholarly communication | 0.017 | 0.011 |
| Open science | 0.002 | 0.009 |
| Research integrity | 0.007 | 0.006 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".