Justification of aviation sanctions in the light of general international law and international air law (Concepts, basics, classification and legitimacy)
Subject Areas :
Mehdi
Aliyari
1
(Faculty of Law, Theology and Political Sciences)
Keywords: Public International Law, International Air Law, Aviation Sanctions, 1944 Chicago Convention, United Nations Security Council.,
Abstract :
Aviation sanctions are among the most widely used and oldest international sanctions. Despite the wide variety and scope of these sanctions compared to other common types of sanctions in the aviation field, these sanctions are considered to be the most effective type of sanctions on the aimed country, which in some cases have led to the isolation and paralysis of aviation in those countries. However, from the law point of view, it has received less attention from scholars than travel sanctions. The purpose of this article is to describe and explain by analytical-descriptive methods aviation sanctions in two fields of Public International Law and International Air Law in order to explain the legal content and nature and the conditions of their legitimacy. But before that, the author tries to define and explain the aviation sanctions based on the procedure of the United Nations, as well as international political actors, including the United States and the European Union, and the rules of International Law. These kinds of sanctions are that adopted collectively by the United Nations or other the International Organization and unilaterally by governments. The final conclusion of the article indicates the incompatibility of unilateral sanctions in the field of aviation with the provisions of the 1944 Chicago Convention, which has the status of the constitution in the international aviation community because it leads to the violation of this international instruments, which in turn is perceived "abuse of civil aviation" according to Article (4) of the mentioned Convention.
مهدی علیاری ومحسن محبی، مفهوم سوء استفاده از هوانوردی کشوری، موضوع مادۀ(4) کنوانسیون شیکاگو(1944)، مجلۀ حقوقی بین المللی، شمارۀ 66، بهار-تابستان 1401، صص.28-7.
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