جستجوی مقالات مرتبط با کلیدواژه « کنوانسیون شیکاگو » در نشریات گروه « فقه و حقوق »

Today, the air transport industry is one of the most important ways of communication between countries.Despite the advantages of using airplanes,accidents are inevitable.Therefore, at the level of international law,aviation security and the identification of those responsible for accidents and incidents have become the subject of numerous conventions. In domestic law, regulations and various organizations are in charge of flight matters.On 18/10/2018, a Ukrainian plane that was leaving Tehran for Kyiv was targeted by Iranian air defenses, and the cause of this incident was stated to be human error.Considering that the nature of the accident caused the death of all 176 passengers of the plane, the basic question here is what duties and responsibilities Iran has towards the survivors and what basic steps it should take in order to fulfill its obligations.Therefore, this research has been carried out with the aim of examining the legal obligations of the Iranian government towards the survivors of Flight 752 according to Iranian laws and international laws. The main question in this research is the examination of the limits of civil and legal responsibility of the Iranian government for the aforementioned incident.The results of this research show that, from the international point of view, the conditions are ready for the realization of the government's legal responsibility, and from the point of view of domestic law, the government is responsible for compensating the damage caused to the survivors. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

Today, the importance of aviation cannot be underestimated because all countries are connected to each other through air transportation, and it facilitates trade, travel and maintaining connections between countries and has increased the quality of life for many around the world. The issue of disputes among international law subjects, especially states, is inevitable, and the significant growth of globalization, privatization and liberalization of world trade and related services, especially the liberalization of air transport services, has opened new opportunities on one hand and on the other hand has led to an increase in conflicts. Non-peaceful resolution of these disputes is condemned and rejected in international law. Therefore, today all members of international community are required to resolve their disputes peacefully. For this purpose, in this article, using library data and descriptive-analytical method, has been tried to solve the issue of aviation disputes based on the usual methods of peaceful settlement of disputes (negotiation, good offices, mediation, inquiry, conciliation, arbitration and international justice) and with an emphasis on the provisions of the Chicago Convention and also study the settlement of aviation disputes under the World Trade Organization (WTO).

The Aviation Industry and its governing law are vulnerable to the outbreak and pandemic of contagious diseases. It is possible that the industry takes part in the spread of disease and endanger lives, while on the other hand, with the spread of contagious diseases, the economic cycle of actors and beneficiaries of the aviation industry is seriously threatened and faced with numerous difficulties, which eventually is to the detriment of the economy in whole. Studies illustrate that the norms and rules related to counter the spreading of disease through air navigation are mainly taken from the International and regional laws but the norms and rules dealing with the economic effects of such pandemics are largely attained from national laws. This article, using the same structure and classification, analyzes legal aspects of contagious diseases in the aviation industry with emphasis on the novel Coronavirus disease. The results indicate that the law of contagious diseases in the aviation industry should have three important characteristics: “cooperative or collaborative”, “supportive” and “temporary”.

On 20 June, 2019, a U.S. drone was shot down by the Iranian forces while spying above the Iran’s territory. It is said by the Iranian officials that the drone ignored the warning signals. Under the 1944 Chicago Convention, military and civilian aircrafts including drones shall be flown over territories of a contracting State with a special authorization of that State. The 1993 Act on the Marine Areas of the Islamic Republic of Iran in the Persian Gulf and the Oman Sea, also excluded the passage of foreign vessels aimed at collecting information prejudicial to the national security, defense or economic interests of Iran as an innocent passage. Further, under article 39(1)b of the 1982 Law of the Sea Convention, during the transit passage, ships and aircrafts shall “refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of States bordering the strait, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations”. The entering into the territory of Iran by the U.S. drone which was with the purpose of collecting information from the army targets was prejudicial to the Iranian national interest. Iran`s reaction in shooting down of the drone is compatible with the inherent right of self-defense enshrined in article 51 of the UN Charter. As a result, the Iranian government could use force based on the self-defense principle.

Advances in aerospace technology especially in the 20 century unveiled a new kind of aircraft as (remotely piloted aircraft) which is deployed in military and civil application. In recent years, the civil usage of this aircraft has influential advancement and with no doubt in the future, this new technology will have a great advancement. Some believe that by inventing and increasing the use of this new technology and taking into account the capabilities of these aircraft, the aerospace has become a serious concern and a potential threat to civil rights. Almost all countries are encountered with the same challenges with the use of RPA and their impact on the privacy rights of people. In this article, the effect of the use of RPA on the privacy of the people and the necessity observance of this right at the time of concluding of regulations on the operation of the mentioned aircraft considering the economic and social benefits of the deployment of this technology, are considered and emphasized.

Ensuring The Security in Civil aviation - as a Primary factor in economical and industrial development - is the major concern of international community. Pursuant to the serious challenges in this sector after terrorist events of 11 September 2001 in the United States, International Civil Aviation Organization (ICAO) as the most important organization relating to the international civil aviation, has designed and developed new measures in this respect, also, the improvement and reinforcement of the prior Standards and Recommended practices have had an influent role in intensification of measures relating to security aviation. Ensuring The Security in Civil aviation - as a Primary factor in economical and industrial development - is the major concern of international community.

Improvement of the safety in international transportation is achievable by the efforts of airlines in obtaining novel and safe aviation. The main objective of this paper is considering the consequences of 1995 United States sanction against the Islamic Republic of Iran airlines. In legal examination of the Regulations, we concluded that the U.S. sanctions is an obvious non Conformity to the letter and spirit of the Chicago Convention thus, we proofed that the ICAO as a technical UN agency needs and also expected to take the lead to bring international public pressure on the United States, as a Member State, to remove the sanctions.     Moreover, it is suggested that authorities of civil aviation organization, after legal & effective conduct in ICAO, to take the case to ICJ or ad hoc arbitral tribunal.

Iranian airlines industry has been faced with several incidents during the last two decades. The two important cases are: Aseman Airlines (Fokker 28) and Iranian Military Aircraft incident (C-130 Hercules Aircraft). The essential subject of this article is to study these two cases. The article also reviews the applicable law concerning air transport. It shows that the Convention for the Unification of Certain Rules Relating to International Carriage by Air of 1929, known as the Warsaw Convention, has gained acceptance throughout the world. It, in many countries such as Iran, applies even in domestic air carriage.