Reparation of Aerial accidents under International Law with Emphasize On 752 Ukrainian Flight

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

KAZEMI HAMID; Asiabipourimani Naser

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Legal Research Year:2022 | Volume:25 | Issue:99 Page(s): 369-393

Download Full-Text

View:

Download:

Cites:

Information Journal Paper

Title

Reparation of Aerial accidents under International Law with Emphasize On 752 Ukrainian Flight

Author(s)

KAZEMI HAMID | Asiabipourimani Naser

Keywords

Reparation

Compensation

Satisfaction

ex gratia payment

752 flight

Abstract

Essentially, according to the law of States responsibility Reparation is the consequence of the responsibility. Nonetheless in aerial incidents States practice demonstrates that Reparation is of importance which States before or during the institution of proceedings in ICJ as the competent authority, in this case, prefer to settle their dispute through negotiation and determining a sum as Reparation. Thus, so far there is no international judicial precedent leading to any judgment regarding the aerial incident and most of the cases resulted in ex gratia payment by the responsible State. Until the adoption of article 3 bis if Chicago Convention, in cases similar to Ukrainian flight, lack of any definition of the wrongful act was a serious barrier for admission of claims before the ICJ. After the adoption of this Article States obligated to refrain from use of force against civil aircraft and respect the safety and security of persons on board which it resolved the problem. But even in cases after that date, the practice of States tended to acceptance of ex gratia payments. In this method the State pays a determined sum without accepting its international responsibility. In regard to flight 752 seems that ex gratia payment can be a practical and faster way for settlement of the dispute between Iran and other countries.

Multimedia

No record.

Cites

No record.

References

No record.

Cite

APA: Copy

KAZEMI, HAMID, & Asiabipourimani, Naser. (2022). Reparation of Aerial accidents under International Law with Emphasize On 752 Ukrainian Flight. REVUE DE RECHERCHE JURIDIQUE, 25(99 ), 369-393. SID. https://sid.ir/paper/1142291/en

Vancouver: Copy

KAZEMI HAMID, Asiabipourimani Naser. Reparation of Aerial accidents under International Law with Emphasize On 752 Ukrainian Flight. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2022;25(99 ):369-393. Available from: https://sid.ir/paper/1142291/en

IEEE: Copy

HAMID KAZEMI, and Naser Asiabipourimani, “Reparation of Aerial accidents under International Law with Emphasize On 752 Ukrainian Flight,” REVUE DE RECHERCHE JURIDIQUE, vol. 25, no. 99 , pp. 369–393, 2022, [Online]. Available: https://sid.ir/paper/1142291/en

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops