Legal problem of application of weapons to civil air drives in flex: modern international regulatory regulation and practice application.
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2018, Vol 1, Issue 5
Abstract
The article is devoted to the study of modern international legal regulation and practice of the lawful use of weapons against civilian aircraft in flight. Different doctrinal positions on profile issues are considered and analyzed, in the context of doctrinal approaches, the profile norms of international law contained in the international multilateral conventions of the special order are considered. It is recognized that international law has established a universal prohibition of immediate, groundless, ie, unqualified use of weapons by the state to a civilian aircraft, only because of the very fact of a violation of the rules of flight in the airspace of a particular state. It is noted that as an extraordinary measure, States may apply weapons to a civilian aircraft, however, in order to prevent real danger in accordance with the provisions of Article 51 of the Charter of the United Nations, provided that a civilian aircraft is used contrary to the purposes established by the Chicago Convention after the use of all others measures to force the offending vessel to comply with the rules of airspace and to prevent the potential threat posed by such infringer vessel.
Authors and Affiliations
O. V. Malovatskyi
Keywords
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- EP ID EP470513
- DOI 10.32886/instzak.2018.05.07
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