The Shooting Down of Malaysia Airlines Flight MH 17
The Shooting Down of Malaysia Airlines Flight MH 17

Author(s): Sigmar Stadlmeier
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Wydawnictwo Naukowe Scholar Sp. z o.o.
Keywords: Air Law; Malaysia Airlines; MH 17; Chicago Convention; accident investigation; use of force; precautionary measures
Summary/Abstract: On the basis of the preliminary accident report this paper investigates the loss of flight MH17 in the light of international air law. As far as state responsibility is concerned, the attribution of the shootdown to a particular State Party to the Chicago Convention appears difficult; Ukraine had in fact taken some precautionary measures which in hindsight were insufficient. Operators have already reacted by paying more attention to risks in overflying areas affected by armed conflict, and the loss of flight MH17 has triggered a debate on revising the relevant provisions of the Chicago Convention.

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