Procedural Elements. 5.3.1 The Establishment of a Common Court On the side of possible improvements at a procedural level, the question of a common specialized Court has already been discussed, along with the reasons why it has not yet been created.47 International dispute mechanisms already exist, however, with respect to international public law instruments. Next to the well-known International Court of Justice, many other international remedies have been created and implemented. For instance, the uniform application of the 1982 Montego Bay Convention on the Law of the Sea48 is safeguarded by the International Tribunal of the Law of the Seas sitting in Hamburg. Even in aviation, the 1947 Chicago Convention sets forth specific provisions under its Article 84 et seq. in order to settle potential disputes between Contracting States on its interpretation or application.49 Many other international public air conven- tions have also established specific dispute resolution mechanisms.50 With respect to international private law, and more particularly interna- tional transportation law, the CMR provides under its Article 47 that: Any dispute between two or more Contracting Parties relating to the interpreta- tion or application of this Convention, which the parties are unable to settle by negotiation or other means may, at the request of any one of the Contracting Par- ties concerned, be referred for settlement to the International Court of Justice.51 Nevertheless, this provision has never been used in practice52 and the right to be heard is limited to Contracting Parties. But specific international Courts, open to private bodies, do exist in international law. For example, 47 See, section 3.3.3.2. 48 United Nations Convention on the Law of the Sea, 10 December 1982, Montego Bay, UNTS, 1834, I-31363, entry in force 16 November 1994. 49 See, for instance, International Court of Justice, 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), 14 July 2020. See also, section 5.3.3. 50 See, for example, 1963 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft, Article 24; 1971 Montreal Convention for the Suppression of Unlawful Acts against Safety of Civil Aviation, Article 14; 2010 Beijing Convention on the Suppres- sion of Unlawful Acts Relating to International Civil Aviation, Article 20. 51 Regarding the interpretation ...
Procedural Elements
