Dispute Settlement Path of Aviation Carbon Emission under Carbon Emission Reduction Measures for International Aviation

In order to promote the green and low-carbon development of international civil aviation, the International Civil Aviation Organization (ICAO) has introduced a package of measures by means of Carbon Offsetting and Emission Reduction Scheme for International Aviation (CORSIA), including technology-based carbon reduction and market-based carbon reduction. At present, the package of measures is still in its preliminary trial stage, and because many subjects are involved in the specific implementation of CORSIA, the intersection among ICAO, the states, airlines and other parties will inevitably lead to disputes in three types: international disputes, disputes between private parties and mixed disputes. However, the traditional dispute settlement mechanisms at the international and private levels lack expertise, authority and jurisdiction, making the ICAO Council, which plays a dominant role in the package of measures, an ideal dispute settlement platform. But the dispute settlement mechanism under Article 84 of the Convention on International Civil Aviation advocated by the Council, has not fulfilled its judicial function for many years due to the defects of its organizational structure. Although the Council has put the reform of dispute settlement mechanism on its agenda, given the complex nature of the disputes arising from the package of measures and the ultimate goal of dispute settlement, it will be more feasible to give full play to the administrative functions of the ICAO Council and establish a permanent dispute settlement committee under the Council.