The Middle East Air Blockade: Revisiting the Jurisdictional Inquiry of the ICAO Council

The present article analyses the most recent appeal relating to international civil aviation in the case of Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar before the International Court of Justice (ICJ). This case is the second appeal case of an International Civil Aviation Organization (ICAO) Council decision since India v. Pakistan made in 1972. The dispute targets the jurisdictional controversy of the ICAO Council under the Chicago Convention (1944). In its decision of 14 July 2020, the ICJ has redefined the jurisdictional powers of the ICAO Council with respect to dispute settlement governed by the Chicago Convention (1944). However, the question of 'due process' governing the dispute settlement regime has yet to be settled.