Reparation of Civil Aerial Accidents Under International Air Law: A Case Study of the 2020 Ukrainian Plane Incident in Iran

Authors : Asm Mahmudul Hasan, Md Syful Islam

Pages : 71-94

Doi:10.60002/ebyuhfd.1464279

View : 119 | Download : 77

Publication Date : 2024-06-28

Article Type : Research Paper

Abstract :International Air Law, encompassing both national and international legal norms, plays a critical role in defining state sovereignty in airspace and ensuring the safety of passenger aircraft. This paper highlighted the evolution of airspace law, emphasizing key treaties and conventions such as the Chicago and Montreal Conventions, which have shaped the legal landscape of modern aviation. It thoroughly examined the role of Aviation Law in addressing contemporary challenges, with a focus on the downing of Ukraine International Airlines Flight PS752 in Iran on January 8, 2020. This incident, a non-warfare act of force, presented a complex legal challenge and led to recent legal controversies. It examined precedents from international and domestic court decisions and directives of relevant organizations, contributing to a modern legal framework. Key discussions included the implications of human error in aviation incidents, particularly in terms of criminal liability and financial compensation. The paper made efforts to evaluate such situations within the framework of international air law, advocating for continuous legal adaptation to safeguard global civil aviation. This study particularly suggests the possible resolutions for aerial accidents, specifically those caused by human error.
Keywords : Hava Hukuku, Uçak Kazaları, Cezai Sorumluluk, Tazminat, UAD