This study addresses a narrow but important facet of the war on terror: the interception of civil aircraft over the high seas without the consent of the state of registry, when such aircraft are suspected of transporting weapons of mass destruction or terrorists. It introduces the contemporary legal regime over the high seas, in particular the customary norms relating to freedom of overflight, jurisdiction over aircraft, and the 'Rules of the Air' adopted by the International Civil Aviation Organization (ICAO). The study also examines the legal status of military aircraft in international law as a symbol of a state's sovereignty. It explores the justifications for lawful interceptions as well as the legal obligation of states to show 'due regard' for the safety of civil air navigation. The ICAO standards for the interception of civil aircraft and their applicability to state aircraft are also discussed. In conclusion the remedies an aggrieved state may pursue for alleged violations of international law are addressed.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.100747 |
| Date | January 2006 |
| Creators | Williams, Andrew S. |
| 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 | © Andrew S. Williams, 2006 |
| Relation | alephsysno: 002592768, proquestno: AAIMR32643, Theses scanned by UMI/ProQuest. |
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