3.4 Settlement of International Disputes

The Chicago machinery (Articles 84–88): the Council's jurisdiction — the two complaint-types: (1) the disagreement between the contracting states on the convention's interpretation-or-application; (2) the allegation that an airline's operation unfairly penalises another's — the Council's decision (the panel-and-report procedure's modern faces); the appeal (Article 86: to the ICJ-or-an ad hoc tribunal — the appellant's choice; the Council's-or-appeal's bindingness); the default's sanction (Article 87: the non-compliant airline's suspension by the Assembly's action); the arbitration's residual route (Article 85) and the Article 88's denial-of-benefits. The practice'snote: the machinery's rare use (the IATA's-and-bilateral's private settlement cultures; the few Council cases of the lore — the India-Pakistan-and-the-US-EU disputes' illustrations by name only) — the governance by standards-and-audits rather than adjudication.