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Обмеження імунітетів морських та повітряних суден

Year: 2025
Type: article
Abstract: The legal nature of the immunity of sea and aircraft vessels, the types of immunity of states are studied, the international legal regulation on the immunity of sea and aircraft vessels is analyzed, the practice of disputes regarding the limitation of the immunity of sea and aircraft vessels is highlighted. Immunity of ships and aircraft is a principle of international law, as it provides protection of the state fleet and aviation from the jurisdiction of foreign states. Important importance also depends on the protection of the sovereignty of the state; ensuring freedom of sea and air transportation and security; diplomatic and humanitarian missions. However, in modern conditions, the limitation of the immunity of sea and aircraft vessels is gradually faced with modern challenges due to liability for environmental damage, judicial precedents, the fight against illegal activities at sea and in the air, remedial restrictions and political pressure, changes in the political situation in the international arena, therefore, these challenges demonstrate the relevance of research. Restriction of aircraft immunity is carried out when there is a risk of transporting illegal migrants or a threat to national security. The immunity of state aircraft is not absolute – it can be limited in cases where the aircraft is used for actions that are contrary to international law or violate the sovereignty of another state. The function of states is to ensure the legal status of sea and aircraft, protect their immunity and comply with international obligations regarding security and law and order. The issue of state immunity in international law has been relevant for many years, because the practice of non-subordination of one state to the legal order of another has been developed since ancient times and is based on the principle “equal has no power over equal”. But at a certain time, theories began to arise regarding the fact that it is worth distinguishing the activities of the state as the bearer of sovereign power from those cases when it acts as a private person, that is, within the limits of private law. Jurisdiction regarding the latter actions was carried out according to the law of the place of the court deciding the case, and therefore the immunity of the state ceased to be absolute.
Language: English
Open Access status: green
OpenAlex ID: W6997477465
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