“Old” but Modern Problems of International Air Law

Abstract

The article provides a comparative analysis of the provisions of the 1919 Convention onthe Regulation of Aerial Navigation and the 1944 Convention on International Civil Aviation.The analysis identified imperfections of the 1944 Convention still remaining the majorinternational legal act on the regulation of air navigation processes. It is proposed recommendationsto improve key areas of international air law regulation. Special attention ispaid to the activities of the International Civil Aviation Organization (ICAO) in the developmentof draft international treaties, adoption of standards and recommended practicesaimed at unifying national air laws establishing permits for aircraft to enter other statesand regulate the procedure of designation prohibited and dangerous zones. In consequenceof the comparison difference in the legal status of annexes to both Conventionsmentioned is established. The problems of the international legal classification of aircraft,the legality of the use of weapons against civil aircraft that violate the state border orused for illegal purposes that are incompatible with the provisions of the 1944 Conventionare analyzed in details. The facts of the realization by coastal states of jurisdiction in airnavigation in the flight information areas established on the basis of the relevant regionaltreaties, have been studied as the confirmation of the international legal custom. The articlecontains recommendations for all users of the airspace to creation of a commoninternational legal regime of flights of aircraft, rocket launches, guided missiles, ascentsand descents of space objects. It is substantiated a necessity of determining internationallegal responsibility of states for damage caused as a result of an illegitimate act inrelation to civil aviation, by amending the 1944 Convention on International Civil Aviation.It is described possible international legal procedures for interaction between search andrescue and air navigation services of the states realizing jurisdiction outside sovereign territories, and makes the suggestions to bring them in line with practice of relief operationson the sea. Also the article focuses on analyzing issues of international legalregulation of investigations of accidents and incidents aimed at identifying true causesof the incident and communicating results of investigations to air transport operators andaircraft manufacturers to prevent similar catastrophes in the future.
For citation: Abashidze A.Kh., Travnikov A.I. (2019) “Old” but Modern Problems of International Air Law. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 181–202 (in Russian) DOI: 10.17-323/2072-8166.2019.3.181.202