Supporting Strategies — Legal and External Relations Services — Settlement of differences

Settlement of differences

 

Brazil and the United States (2016)

 

During its 213th, 214th and 215th Sessions, the Council was provided with progress reports on the status of the negotiations between the Applicant (Brazil) and the Respondent (the United States). It was informed that two substantive meetings had been held between representatives of the Parties in 2018, that the Parties had made good progress toward resolving their dispute, and that they will continue discussions with a view to concluding negotiations as soon as possible. In light of the foregoing, the Council encouraged the Parties to pursue their negotiations with a view to quickly achieving a satisfactory resolution of their disagreement. The Council reiterated that the decision taken at the eighth meeting of its 212th Session subsisted regarding the suspension of the filing of a reply by the Applicant to the Counter-memorial filed by the Respondent on 31 August 2017.

 

Request Submitted under Article 54 n) of the Chicago Convention

 

At the first meeting of its 214th Session, held on 17 May 2018, the Council considered a request by the United Arab Emirates (UAE) pursuant to Article 54(n) of the Chicago Convention, relating to three “serious safety incidents” involving Qatari fighter jets and UAE-registered civil aircraft that had occurred on 15 January 2018 and 26 March 2018. Following its consideration of the said request, the Council urged the concerned Member States to continue to collaborate, in particular, to promote the safety, security, efficiency and sustainability of international civil aviation.

 

Qatar and Bahrain, Egypt, Saudi Arabia and the United Arab Emirates (2017) – Application (A); Qatar and Bahrain, Egypt and the United Arab Emirates (2017) – Application (B)

 

On 19 March 2018, the Respondents in both Application (A) and Application (B) jointly submitted Statements of preliminary objection questioning the jurisdiction of the Council to handle the matters filed by the Applicant (Qatar). On 1 May 2018, the Applicant submitted Comments in response to the Statements of preliminary objection in both Applications (A) and (B). Further, on 12 June 2018,the Respondents jointly submitted Rejoinders to the Applicant’s Responses in both Applications (A) and (B). After hearing the oral arguments of the respective Parties on the Preliminary objections, the Council, at the eighth meeting of its 214th Session held on 26 June 2018, decided not to accept the Respondents’ preliminary objections in both cases. At the first meeting of its 215th Session, the Council was informed that ICAO had been formally notified by the Registrar of the International Court of Justice (ICJ) that the respective Respondents in both Applications (A) and (B) had, on 4 July 2018, filed with the ICJ Applications instituting proceedings in the case concerning the Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) as well as in the case concerning the Appeal Relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement (Bahrain, Egypt and United Arab Emirates v. Qatar).

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