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"Shooting-down laws" : a quest for their validity

After the terrorist attacks that took place on September 11, 2001, on American soil, a plethora of norms that enable military forces to shoot-down hijacked civil aircraft have been passed in several countries. Although these laws, decrees and executive orders are grounded on security reasons and they are allegedly aimed to protect people and vital interests on ground, this assertion does not emasculate the main difficulty they face in legal terms, which is the existence of an international provision that forbids the use of force against civilian aircraft. This thesis contains a detailed list of such domestic norms and conducts an analysis of their validity from the perspective of Article 3bis of the Chicago Convention and the right of self-defense granted to states by the Charter of the United Nations.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.111616
Date January 2008
CreatorsLuongo, Norberto E., 1962-
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Air and Space Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 003133872, proquestno: AAIMR66920, Theses scanned by UMI/ProQuest.

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