There have been many cases of intrusion of civil aircraft into the airspace of foreign States. On occasion, the subjacent State has reacted by using force against such aircraft, sometimes with fatal consequences. Customary international law admits the use of force only in exceptional circumstances. As the United Nations specialized agency responsible for international civil aviation, ICAO has conducted fact-finding investigations into a number of cases of aerial shootdowns and adopted resolutions and taken decisions in this connection. Such resolutions and decisions have clearly been influenced by political factors. / The Organization has also taken specific legal and technical steps aimed at reducing the dangers to civil aircraft and their occupants arising out of an intrusion. In the legal field, its principal achievement has been the adoption in 1984 of an amendment (Article 3 bis) to the Chicago Convention which is, however, not free of ambiguities and obscurities in meaning and which, despite numerous assertions to the contrary, does not reflect the exact scope of customary international law in this area. On the technical side, the Organization has successfully developed a number of detailed provisions in Annexes to the Convention which are universally respected and accepted by its Member States.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.21674 |
| Date | January 1998 |
| Creators | Augustin, John V. |
| Contributors | Vlasil, I. (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: 001651342, proquestno: MQ50921, Theses scanned by UMI/ProQuest. |
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