Teleological dominants of liability in international air law
DOI:
https://doi.org/10.31617/3.2026(143)01Keywords:
sustainable development, resilience, international civil aviation, liability of the air carrier, CORSIA, unlawful interference, aviation security, flight safety.Abstract
The transformation of the institution of liability in international air law under the influence of modern global challenges, such as armed conflicts, cyber threats, and environmental issues, has been studied. The purpose of the study is to determine the teleological dominants of liability in international air law at the present stage and to assess their adequacy to the latest risks. The research is based on the hypothesis that these dominants are the resilience and sustainable development of international civil aviation. A teleological approach was applied in combination with methods of synthesis, induction, deduction, and comparative analysis. It has been proven that sustainable development is realized through achieving a balance between the economic growth of carriers and social responsibility towards passengers (in particular, through objective liability under the 1999 Montreal Convention), as well as through CORSIAʼs environmental quasi-liability mechanisms. At the same time, it has been substantiated that achieving resilience requires guaranteeing both flight safety and aviation security. The critical need for effective international legal mechanisms of state liability for armed aggression and acts of unlawful interference (cyberattacks, drone attacks) is emphasized. It has been concluded that the understanding of liability exclusively as a retrospective compensation mechanism is outdated. The modern institution of liability must perform a proactive risk management function. It has been proven that only continuous and prudent modernization of liability norms will allow overcoming the fragmentation of the international legal framework and ensure the viability and sustainable development of international aviation in the interests of humanity.
References
Abeyratne, R. (2014). Aviation and climate change: In search of a global market based measure. Springer. https://doi.org/10.1007/978-3-319-08443-5 DOI: https://doi.org/10.1007/978-3-319-08443-5
Abeyratne, R. (2015). Aviation and international cooperation: Human and public policy issues. Springer. https://doi.org/10.1007/978-3-319-17022-0 DOI: https://doi.org/10.1007/978-3-319-17022-0
Convention for the suppression of unlawful seizure of aircraft. (1970, December 16). ICAO Doc 8920. https://treaties.un.org/doc/Publication/UNTS/Volume%20860/volume-860-I-12325-English.pdf
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention). (1999, May 28). https://treaties.un.org/doc/Publication/UNTS/Volume%202242/v2242.pdf
Convention on Compensation for Damage Caused by Aircraft to Third Parties. (2009, May 2). ICAO Doc 9919. https://awg.aero/wp-content/uploads/2019/09/GRC-Final.pdf
Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft. (2009, May 2). https://cil.nus.edu.sg/wp-content/uploads/2019/02/2009-Convention-for-Damage-to-3rd-Parties-from-Acts-of-Unlawful-Interference-Involving-Aircraft-1.pdf
Convention on damage caused by foreign aircraft to third parties on the surface. (1952, October 7). ICAO Doc 7364. https://treaties.un.org/Pages/showDetails.aspx?objid=08000002801406bd
Convention on International Civil Aviation (Chicago Convention). (1944, December 7). https://treaties.un.org/doc/publication/unts/volume%2015/volume-15-ii-102-english.pdf
Convention on the suppression of unlawful acts relating to international civil aviation. (2010, September 10). ICAO Doc 9960. https://www.icao.int/sites/default/files/secretariat/legal/Docs/beijing_convention_multi.pdf
Dempsey, P. S. (2017). Public international air law (2nd ed.). Institute of Air and Space Law, McGill University.
Dempsey, P. S., & Milde, M. (2005). International air carrier liability: The Montreal Convention of 1999. Centre for Research in Air and Space Law, McGill University.
Fox, S. J. (2021). Past attacks, future risks: Where are we 20-years after 9/11? Journal of Strategic Security, 14(4), 54-85. https://doi.org/10.5038/1944-0472.14.3.1964 DOI: https://doi.org/10.5038/1944-0472.14.3.1964
International Civil Aviation Organization. (2022). Resolution A41-21: Consolidated statement of continuing ICAO policies and practices related to environmental protection – Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). ICAO.
International Law Commission. (2001). Responsibility of States for internationally wrongful acts. In Yearbook of the International Law Commission, 2001 (Vol. 2, Part 2). United Nations. https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf
Mendes de Leon, P. (2017). Introduction to air law (10th ed.). Kluwer Law International.
Milde, M. (2016). International air law and ICAO (3rd ed.). Eleven International Publishing.
Zając, G. K. (2025). Safety regulation in international aviation law: Normative aspects of safety. Routledge. https://doi.org/10.4324/9781003557876 DOI: https://doi.org/10.4324/9781003557876
Kharazishvili, Yu. M., Buhaiko, D. O., & Liashenko, V. I. (2022). Sustainable development of aviation transport of Ukraine: Strategic scenarios and institutional support. NAS of Ukraine, Institute of Industrial Economics.
Chulinda, L. (2022). Sustainable development goals: Priorities of civil aviation. Krakowskie Studia Małopolskie, 2(34), 113-133. https://doi.org/10.15804/ksm20220207 DOI: https://doi.org/10.15804/ksm20220207
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