The tragedy of Pan Am Flight 103 explosion over Lockerbie, Scotland shocked the world for we never get used to such atrocities. However, the scope of the tragedy was more than just an aircraft explosion. It shook the very foundations upon which the United Nations system rests. It also served as a catalyst to the reevaluation of the established United Nations legal order. The Security Council as well as the International Court of Justice found themselves thrown in a direct collision course by the exercise of their respective powers. This thesis will analyze the events that lead to such a legal and political impasse and look into the legal issues involved. / The first Chapter will retrace the events leading to the determination of the cause of accident as well as the identification of the suspects. Will also be examined the series of steps taken to bring the suspects to justice as well as obtain Libya's cooperation. We will finally look into the legal principles applicable to the situation such as those contained in the United Nations Charter, the Montreal Convention as well as those included in general international law. / The second Chapter will be devoted to the legal study of the United Nations Charter, specifically the provisions concerning the Security Council's and the International Court of Justice's powers as well as the general obligations the Charter imposes on them. / Finally, the last Chapter will focus on the complex issue of relationship between the Security Council and the International Court of Justice.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.27452 |
| Date | January 1996 |
| Creators | Haney, Caroline. |
| Contributors | Milde, Michael (advisor) |
| 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: 001565210, proquestno: MQ29827, Theses scanned by UMI/ProQuest. |
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