Reparation of Aerial accidents under International Law with Emphasize On 752 Ukrainian Flight

Document Type : Original Article

Authors

1 Assistant Professor, Aerospace Research Institute

2 Phd student, Shahid Beheshti University

10.29252/jlr.2021.220599.1841

Abstract

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.

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Legal Research Quarterly
Volume 25, Issue 99 - Serial Number 99
December 2022
Pages 369-393

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History

  • Receive Date: 08 February 2021
  • Revise Date: 05 September 2021
  • Accept Date: 29 September 2021

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