Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development

The authors elaborate on one of the controversial issues of international air law - safety of civil aircraft in flight in respect of the use of weapons against it. The first part of the present article considers major aerial accidents arising from shooting down the civil aircraft for the last 70 yea...

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Autores principales:	Tatiana V. Novikova, Stepan O. Kuts
Formato:	article
Lenguaje:	EN RU
Publicado:	Peoples’ Friendship University of Russia (RUDN University) 2021
Materias:	aerial accident international air law principle of non-use of weapons against civil aircraft security exception self-defence compensation international civil aviation Law K
Acceso en línea:	https://doaj.org/article/8749bb7608b94e4db75135ee1257edd1
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id	oai:doaj.org-article:8749bb7608b94e4db75135ee1257edd1
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spelling	oai:doaj.org-article:8749bb7608b94e4db75135ee1257edd12021-11-26T15:41:02ZLegal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development2313-23372408-900110.22363/2313-2337-2021-25-4-831-854https://doaj.org/article/8749bb7608b94e4db75135ee1257edd12021-12-01T00:00:00Zhttp://journals.rudn.ru/law/article/viewFile/29513/20021https://doaj.org/toc/2313-2337https://doaj.org/toc/2408-9001The authors elaborate on one of the controversial issues of international air law - safety of civil aircraft in flight in respect of the use of weapons against it. The first part of the present article considers major aerial accidents arising from shooting down the civil aircraft for the last 70 years as a factual basis for further legal analysis. In the second part, the authors back up customary prohibition of the use of weapons against civil aircraft in flight and legal consequences for states for violating the mentioned principle. The authors investigate the grounds for the security exception and conclude that the only grounds for derogation from the principle of non-use of weapons against civil aircraft is Article 51 of the UN Charter proclaiming the inherent right of the state to self-defence. Even in this case, the application of the security exception by the state is tolerated by using a set of precautions before employment of weapons. Finally, authors conclude that compensation for victims reflects the inevitable monetisation of human lives. Moreover, states negotiations reveal the controversial reality of trade-offs between them, where compensation amounts are occasionally affected by external political factors and current position of a particular state in the international community.Tatiana V. NovikovaStepan O. KutsPeoples’ Friendship University of Russia (RUDN University)articleaerial accidentinternational air lawprinciple of non-use of weapons against civil aircraftsecurity exceptionself-defencecompensationinternational civil aviationLawKENRURUDN Journal of Law, Vol 25, Iss 4, Pp 831-854 (2021)
institution	DOAJ
collection	DOAJ
language	EN RU
topic	aerial accident international air law principle of non-use of weapons against civil aircraft security exception self-defence compensation international civil aviation Law K
spellingShingle	aerial accident international air law principle of non-use of weapons against civil aircraft security exception self-defence compensation international civil aviation Law K Tatiana V. Novikova Stepan O. Kuts Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
description	The authors elaborate on one of the controversial issues of international air law - safety of civil aircraft in flight in respect of the use of weapons against it. The first part of the present article considers major aerial accidents arising from shooting down the civil aircraft for the last 70 years as a factual basis for further legal analysis. In the second part, the authors back up customary prohibition of the use of weapons against civil aircraft in flight and legal consequences for states for violating the mentioned principle. The authors investigate the grounds for the security exception and conclude that the only grounds for derogation from the principle of non-use of weapons against civil aircraft is Article 51 of the UN Charter proclaiming the inherent right of the state to self-defence. Even in this case, the application of the security exception by the state is tolerated by using a set of precautions before employment of weapons. Finally, authors conclude that compensation for victims reflects the inevitable monetisation of human lives. Moreover, states negotiations reveal the controversial reality of trade-offs between them, where compensation amounts are occasionally affected by external political factors and current position of a particular state in the international community.
format	article
author	Tatiana V. Novikova Stepan O. Kuts
author_facet	Tatiana V. Novikova Stepan O. Kuts
author_sort	Tatiana V. Novikova
title	Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
title_short	Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
title_full	Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
title_fullStr	Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
title_full_unstemmed	Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
title_sort	legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development
publisher	Peoples’ Friendship University of Russia (RUDN University)
publishDate	2021
url	https://doaj.org/article/8749bb7608b94e4db75135ee1257edd1
work_keys_str_mv	AT tatianavnovikova legalconsequencesforthestatearisingfromtheuseofweaponsagainstcivilaircraftreviewandlegalframeworkdevelopment AT stepanokuts legalconsequencesforthestatearisingfromtheuseofweaponsagainstcivilaircraftreviewandlegalframeworkdevelopment
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Legal consequences for the state arising from the use of weapons against civil aircraft: review and legal framework development

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