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Questions Of Interpretation And Application Of The 1971 Montreal Convention Arising From The Aerial Incident At Lockerbie (Libyan Arab Jamahiriya V. United States Of America)




Muthulakshmi A, LL.M, Department of International Law and Organization, Tamilnadu Dr Ambedkar Law University, Chennai


ABSTRACT


The Lockerbie incident took place on December 21,1988, and involved the United Kingdom, the United States and Libya. The case was later brought before the international court of justice. It mainly concerned the 1971 Montreal Convention, which deals unlawful acts against civil aviation. The ICJ rejected the first objections made by the US and UK and decided to hear the case. The main question was whether the UN Security Council resolutions which demanded action against Libya, were fully legal. The UN Security Council is the strongest body under the UN Charter, responsible for international peace and security. However, this raised doubts about whether its decisions are above the law. The Lockerbie case is important because it asked if the ICJ can review the actions of the security council. It highlights the balance between international law, States rights and security.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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