The Concept of Misuse of Civil Aviation in the Light of Article 4 of the Chicago Convention

Document Type : academic

Authors

1 PhD. in Public International Law, Department of public and International Law, Faculty of Law, Theology and Political Science, Branch of Science and Research, Islamic Azad University, Tehran

2 Assistant Professor, Department of public and International Law, Faculty of Law, Theology and Political Science, Branch of Science and Research, Islamic Azad University, Tehran.

Abstract

According to article 4 of the Convention on International Civil Aviation (Chicago Convention), each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention. The preamble also reads that the "abuse" of future development of international civil aviation can become a threat to the general security. This article tries to explain the concept of misuse of civil aviation in the light of the provisions of the present Convention in a deductive method and by presenting a new approach tries to criticize perceptions about its concept so far expressed. Finally it concludes that the application of aviation sanctions that are in some circumstances contrary to the principles and purposes of the Chicago Convention is an example of abuse of civil aviation.

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History

  • Receive Date: 18 February 2020
  • Revise Date: 20 May 2020
  • Accept Date: 08 December 2021

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