THE ISSUE OF AIRSPACE CLOSURES UNDER INTERNATIONAL LAW: CURRENT LEGAL STATUS, DISPUTE SETTLEMENT MECHANISMS, AND PROPOSALS FOR IMPROVING THE CURRENT LEGAL SYSTEM

Abstract

This thesis explores the pivotal role of dispute settlement mechanisms within international organizations, particularly in addressing conflicts within the aviation industry, as demonstrated by cases such as India-Pakistan, Qatar v the Quartet, and Russia-Europe (Ukraine War). Through a comparative institutional analysis, it evaluates dispute settlement mechanisms within both the International Court of Justice (ICJ) and the International Civil Aviation Organization (ICAO), introducing an innovative measurement scale. This scale evaluates essential factors including time efficiency, interim measures, initiation of negotiations, and the enforcement of judicial decisions. The study reveals that while the ICAO is responsible for establishing international standards and recommended practices for civil aviation, it abstains from involvement in political disputes, maintaining jurisdiction solely over technical matters. However, this position hinders conflict resolution, particularly regarding airspace closures, until a case is brought before the ICAO and subsequently appealed to the ICJ. Emphasizing the need for streamlined procedures and robust enforcement mechanisms within existing dispute settlement mechanisms, especially in the time-sensitive aviation sector, the research advocates for comprehensive reforms. It underscores the lack of a dedicated judicial body, streamlined procedures, and effective enforcement mechanisms within current frameworks for dispute settlement mechanisms. Additionally, it underscores the urgency for a strengthened legal framework to guide the resolution of disputes related to airspace closures within the aviation industry.  

Date of Award	2025
Original language	American English
Awarding Institution	HBKU College of Law