Responsibility in international air law: problems of theory and practice

Abstract

Despite big number of Russian and foreign publications on the issues of responsibility in international air law and international law, in general, these issues continue to be important and require further research, especially, in view of present-day complexity of relations governed by international air law. Based on the analysis of the Convention on International Civil Aviation of 1944, as well as dispute-settlement practice and documents of the International Civil Aviation Organization (ICAO) it is concluded that self-contained regime of State responsibility fully excluding rules of general international law on international responsibility will hardly develop in international air law in the foreseeable future. However, within the framework of international air law fully fledged lex specialis on international responsibility, allowing application of general rules on international responsibility to the extent not covered by such lex specialis, can develop. Lack of these lex specialis on international responsibility in international air law, will lead to unlimited application of general rules on international responsibility, including, in particular, rules on compensation for damages, and such application will result in claiming damages caused, for instance, by aviation accident, from a State in addition to rather big compensations received by aviation accident victims through private liability mechanisms actively used in aviation. Moreover, in view of lack of lex specialis on State responsibility in international air law regional and private mechanisms of State responsibility and compensation for damages will be more frequently used.

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