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This Article will propose rules, principles, and guidelines for nations to follow in order to protect civilian aircraft. Nations that destroy civilian aircraft must be held responsible for their actions regardless of whether the destruction was intentional. Two recent, notorious incidents stand out that require public attention and further in-depth investigation. This Article is intended to explore effective ways to prevent repetition of such incidents in the future and the litigation that frequently ensues.9 Accordingly, this Article will discuss two competing principles of international law: (1) possible intrusion of national territorial airspace; and (2) possible misreading of the path of an aircraft in flight.


This article was originally published in the Loyola Of Los Angeles International and Comparative Law Review. Posted with permission.