The Imposition of Aviation Sanctions Threat on International Peace and Security

Document Type : Original Article

Authors

1 Department of Public and International Law , Faculty of Law, Theology and Political Sciences, ,Islamic Azad University ,Science and Research,Tehran, Iran

2 Department of International Law, Law Faculty, Shahid Beheshti University,

10.29252/jlr.2021.185047.1641

Abstract

By Refer to the International Civil Aviation Convention, known as the Chicago Convention, shows that Civil Aviation can play a dual role in providing or threatening international peace and security. Clearly, the Chicago Convention, in its preamble, recalls the positive role of international civil aviation in “creating and preserving friendship and understanding among the nations and people of the world”, noted that: “abuse the future development of international civil aviation considers as a threat to general security”. Hence, the Convention has not neglected its negative effects on international peace and security. Now, if it is proven that the sanctions imposed on the civil aviation governments sometimes lead to abuse of the civil aviation, the question arises as to whether this is not explicitly considered in Article (4) of the said Convention, a violation of the Chicago Convention and the abuse of civil aviation and as a result, it does not endanger international peace and security? The authors' answer to this question indicates that according to the studies conducted in this article, at first, because of the negative effects of aviation sanctions prevail over positive effect, second, the aviation sanctions have become a tool for violating the Chicago Convention and abusing of civil aviation.

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History

  • Receive Date: 28 July 2020
  • Revise Date: 15 August 2021
  • Accept Date: 15 September 2021

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