Aviation Law
Aviation Law and Space Law
Aviation Law
-Air space – customary law since First W.W. That aircraft from one state have right to fly over the high seas, but never over territorial sea of another state
-Art.1 1944 Chicago Convention on International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory”
-It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked, forced to land or shot down by Hungary, USSR, Czechoslovakia-a number of incidents)
-Does the states have an unlimited right to attack intruding aircraft in all circumstances?
-Lissitzyn principle (from 1953)-important (book!)
-Some states support Lissitzyn principle and that flexible approach to civil aircraft as well as military craft, but other states including ICAO-International Civil Aviation Organization, believe that civil aircraft must never be attacked in such circumstances
-The rule that (it is not indeed a rule) trespassing civil aircraft must never be attacked does not mean that they have a legal right to trespass
-Assembly of ICAO in 1984 adopted an amendment to 1944 Chicago Conv. On the Int. Civil Aviation which confirms that “every state, in the exercise of its sovereignty is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority.” and that “every state must refrain from resorting to use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered”
-case: US warship in Persian Gulf in 1988 shot down the civilian Iran Air Flight
Killing 250 passengers from 6 countries; offered to pay ex gratia compensation later; Iran didn’t accept that offer and claim come before Iran-us Claims Tribunal; survivors of each Iranian victim got 300.000/150.000 US dollars
-Chicago Conv from
Aviation Law
-Air space – customary law since First W.W. That aircraft from one state have right to fly over the high seas, but never over territorial sea of another state
-Art.1 1944 Chicago Convention on International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory”
-It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked, forced to land or shot down by Hungary, USSR, Czechoslovakia-a number of incidents)
-Does the states have an unlimited right to attack intruding aircraft in all circumstances?
-Lissitzyn principle (from 1953)-important (book!)
-Some states support Lissitzyn principle and that flexible approach to civil aircraft as well as military craft, but other states including ICAO-International Civil Aviation Organization, believe that civil aircraft must never be attacked in such circumstances
-The rule that (it is not indeed a rule) trespassing civil aircraft must never be attacked does not mean that they have a legal right to trespass
-Assembly of ICAO in 1984 adopted an amendment to 1944 Chicago Conv. On the Int. Civil Aviation which confirms that “every state, in the exercise of its sovereignty is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority.” and that “every state must refrain from resorting to use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered”
-case: US warship in Persian Gulf in 1988 shot down the civilian Iran Air Flight
Killing 250 passengers from 6 countries; offered to pay ex gratia compensation later; Iran didn’t accept that offer and claim come before Iran-us Claims Tribunal; survivors of each Iranian victim got 300.000/150.000 US dollars
-Chicago Conv from