JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2015, Vol. 28 ›› Issue (1): 53-62.DOI: 10.13766/j.bhsk.1008-2204.2014.0584

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State Responsibility for Damage Compensation in International Air Disasters

Hao Xiuhui   

  1. Research Center of Aviation Law and Policy, Civil Aviation University of China, Tianjin 300300, China
  • Received:2014-11-13 Online:2015-01-25 Published:2015-01-24

Abstract:

State responsibility for international air disasters has legitimacy of existence. Banning the use of force against civil aircraft is the basic principle in international law. Sovereign responsibility theory also provides a theoretical basis for it. For MH17 crash, internationally wrongful acts and injury consequence are undisputable. In an air crash, attribution of conduct to a state includes armed forces'misconduct, collision of a state aircraft with foreign civil aircraft on account of improper operation, criminals' illegal interfering behavior to foreign civil aircraft, state's organ or individual errors or mistake, behavior of armed rebellion and so on. The state providing weapons for the attackers of the civil craft have certain imputations. Fault elements have important influence on the way and degree of state responsibility for international disaster. Ukraine as a sovereignty state at least has fault liability for MH17 crash. There are barriers to the implementation of state responsibility for the international air disasters, but there is still a path, such as political solution, international litigation and negotiations.

Key words: Malaysia Airlines Flight MH17, international air crash, damage compensation, responsibility of state, sovereign responsibility

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