Unilateral remedies such as non-forcible reprisals, counter-measures and sanctions remain prevalent means of enforcement in international aviation relations. They are largely unregulated by international treaty law. The Tribunal in the Franco-American Air Services Arbitration of 1978, however, demonstrated that general international law has developed certain restrictions on the use of unilateral counter-measures. The emergence of new principles is also evident in the draft of the International Law Commission on State responsibility. / In an effort to combat unlawful interference with international civil aviation, an increasing number of States have expressed their willingness to take concerted counter-measures against offending States. ICAO is the logical forum for discussion and resolution of aviation matters of world-wide concern and should, therefore, act as a fact-finding body and/or dispute settlor in cases of controversy. States should also be more willing to resort to arbitration as provided for in their aviation agreements and should address explicitly the problem of enforcement when negotiating future air law treaties.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.59404 |
| Date | January 1989 |
| Creators | Jaeger, Kurt |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001069035, proquestno: AAIMM63574, Theses scanned by UMI/ProQuest. |
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