نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار پژوهشگاه هوافضا، وزارت علوم ،تحقیقات و فناوری
2 دانشجوی دکتری دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Essentially, according to the law of States responsibility reparation is the consequence of the responsibility. Nonetheless in aerial incidents States practice demonstrates that reparation is of importance which States before or during the institution of proceedings in ICJ as the competent authority, in this case, prefer to settle their dispute through negotiation and determining a sum as reparation. Thus, so far there is no international judicial precedent leading to any judgment regarding the aerial incident and most of the cases resulted in ex gratia payment by the responsible State. Until the adoption of article 3 bis if Chicago Convention, in cases similar to Ukrainian flight, lack of any definition of the wrongful act was a serious barrier for admission of claims before the ICJ. After the adoption of this Article States obligated to refrain from use of force against civil aircraft and respect the safety and security of persons on board which it resolved the problem. But even in cases after that date, the practice of States tended to acceptance of ex gratia payments. In this method the State pays a determined sum without accepting its international responsibility. In regard to flight 752 seems that ex gratia payment can be a practical and faster way for settlement of the dispute between Iran and other countries.
کلیدواژهها [English]
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