Unit:
Κατεύθυνση Δημόσιο Διεθνές ΔίκαιοLibrary of the School of Law
Author:
Tsioutra Konstantina
Supervisors info:
Κυριακόπουλος Γεώργιος, Επ. Καθηγητής, Νομική, ΕΚΠΑ
Παζαρτζή Φωτεινή, Καθηγήτρια, Νομική, ΕΚΠΑ
Γουργουρίνης Αναστάσιος, Νομική, ΕΚΠΑ
Original Title:
Η ΕΦΑΡΜΟΓΗ ΤΗΣ ΑΡΧΗΣ ΤΗΣ ΑΠΑΓΟΡΕΥΣΗΣ ΧΡΗΣΗΣ ΒΙΑΣ ΣΤΟΝ ΕΝΑΕΡΙΟ ΧΩΡΟ
Translated title:
THE APPLICATION OF THE PROHIBITION ON THE USE OF FORCE IN AIR LAW
Summary:
The range of international relations is inspired by the principle of the prohibition on the use of force, since the purpose of the United Nations is to maintain international peace and security. In any case, the starting point of any such discussion is the prohibitive provision of Article 2 (4) of the Charter of the United Nations, which explicitly prohibits the use of force between States. However, in order to balance the interaction between States, international law provides for certain exceptional mechanisms and acceptable forms of use of force,, which international law subjects are required to apply under strict conditions. In fact, the principle of prohibition on the use of force and its exceptions have led to widespread debates between reputable international practitioners while the practice of states over the years has constituted significant subject of study.
In the same spirit, states’ relations evolve at all stages, which are regulated by more specific sectors of law. The principle of the prohibition on the use of force enters the field of Air Law in a very interesting way, occupying an equally important position, and interwoven with the specific obligations of States in this area. General regulations of public international law and customary law itself apply equally to the Air Law, however, in different terms and challenges. Article 2 (4) and its exceptions are dealt with more specific conditions. Moreover, Air Law attempts to meet the requirements of the customary and conventionally established principle of the prohibition on the use of force, both with conventional provisions and with more specific mechanisms. Article 3bis is the “key” provision, which bans the use of weapons against civil aircrafts, while some new institutions beyond the classical form of force (as we perceive it as armed force) appear as special zones of prohibitions - restrictions to the use of airspace and enforcement of coercive regimes. Undoubtedly, the most common form of force is the presence of military aircraft in the airspace, which is not illegal by itself. Finally, a major chapter, with many legal and technical aspects, is the interception procedure.
These issues have often been the subject of international problems on international field with many legal aspects. This essay attempts to approach these issues and examine them thoroughly, taking into account the central principle of the prohibition on the use of force.
Main subject category:
Law and Legislation
Other subject categories:
Public international law
Keywords:
Prohibition on the Use of Force, The Right of Defense, The prohibition on the Use of Weapons against Civil Aircrafts, Interception, Military/Civil aircraft, Military-Civil Cooperation, Air Force Military Exercises, Military Uses of Airspace, Air Defense Identification Zones, No Fly Zone, Article 3bis, Necessity.
Number of references:
110
File:
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Η ΕΦΑΡΜΟΓΗ ΤΗΣ ΑΡΧΗ ΤΗΣ ΑΠΑΓΟΡΕΥΣΗΣ ΧΡΗΣΗΣ ΒΙΑΣ ΣΤΟΝ ΕΝΑΕΡΙΟ ΧΩΡΟ).pdf
2 MB
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