国际民用航空非法干扰行为国家责任研究

State Responsibility for Unlawful Interference against International Civil Aviation

针对国际民用航空实施非法干扰行为不仅威胁到整个国际民用航空的安全和有序发展,同时也危及世界的和平与安全。在实践中,非法干扰行为、恐怖主义活动和不轨旅客行为是既有联系又有区别的概念。面对非法干扰行为对旅客、地水面第三方以及航空业带来的人身和财产损害,国际社会制定了一系列条约,通过了一系列决议予以规制。鉴于国家在打击针对国际民用航空非法干扰行为中所承担的国际义务和应发挥的作用,国家责任是一个不可回避的话题。

Unlawful interference against the international civil aviation threatens not only the safety and orderly development of international aviation industry, but also the peace and security of the whole world. In reality, the concepts of unlawful interference, terrorist activity and the unruly passenger distinguish from each other, although sharing something in common. To combat with the unlawful interference against the international civil aviation which results in personal injuries and property damages of the passengers, the third parties on the surface as well as the aviation industry, the international community, under the auspices of various international organizations, particularly of ICAO, convened a number of treaties as well as adopted a series of resolutions for this purpose. By viewing the international obligations committed by contracting states under the international conventions and the custom international law, the state responsibility is an unavoidable issue when it comes to the liability for the damages attributed to the unlawful in- terference.