Zoltán Papp

This paper explores the rulings of international and national courts on the international law status of diplomatic/consular premises, as well as the measures at the disposal of the receiving State to address breaches of diplomatic immunity by (the diplomatic/consular officers of) the sending State.

The ongoing recast of the EU Single European Sky (SES) legislative package offers an opportunity to revisit and discuss selected pertinent international public law related aspects of the provision of Air Traffic Services (ATS) namely state responsibility, state liability and state immunity. This paper examines how the public authority characteristics of the provision of ATS carried out by Air Navigation Service Providers (ANSPs) impacts the application of the above listed concepts of international law in the field of air navigation law.

The Air Defense Identification Zone (ADIZ) is established to serve the national security interests of the state. Maintaining ADIZ becomes fundamentally relevant from the perspective of international law when such a zone extends into airspace suprajacent to international waters. Materially, two considerations are most relevant in terms of ADIZ conforming to international law, both potentially creating a conflict with ADIZ rules: Contracting Parties to the Chicago Convention on International Civil Aviation have delegated rule-making powers to enact rules of the air with a view to safeguarding the safety of air traffic in international airspace to the ICAO Council. Furthermore, in international airspace the state of registry generally enjoys exclusive jurisdiction with respect to the aircraft carrying its national mark. In this paper ADIZ will be deemed as exercising jurisdiction over extraterritorial acts by the state maintaining ADIZ; hence, the prescriptive and enforcement distinction adds an additional layer to the analysis of the international legal context of ADIZ. The response to as to how ADIZ fits in the international legal framework may differ depending on whether one seeks to identify permissive rules of international law related to the maintenance of ADIZ in international airspace or the non-existence of prohibitive rules sufficient to justify conformance with international law. Keywords: ADIZ, air law, law of the sea, Chicago Convention on International Civil Aviation, jurisdiction, use of force, international customary law, civil aircraft, state of registry 1. By way of Introduction This paper endeavors to highlight some of the manifold international law aspects of the Air Defense Identification Zone (ADIZ), which become increasingly challenging when ADIZ is extended to international airspace falling outside of national sovereignty. The overall objective is to find out where ADIZ fits in the international public law framework. To this end, an attempt is made to identify relevant permissive or prohibitive rules of international law in terms of states' powers to establish ADIZ in international airspace. This paper does not, however, pretend to provide an all-encompassing and comprehensive assessment of international public law in the course of identifying such permissive and prohibitive rules. Such an undertaking would go beyond the scope of the present effort. The focus of this paper is on the international law framework regulating civil aviation in times of peace  with special emphasis on the rules and regulations pertaining to the airspace over international sea that are not the subject of national sovereignty.

The paper discusses the rules of international law regarding the use of force against civil aircraft in the interpretation of states in their written submissions presented to the International Court of Justice (ICJ). The overall objective of the author is to identify what the relevant international law is, including indications of relevant state practice and opinio iuris. An additional objective being to discover how states interpret and implement relevant international conventions and other norms. Notwithstanding the fact that the ICJ has never delivered any judgment with respect to the merits of any aerial incident case the states’ written submissions (memorials) subject to analysis in this paper remain relevant as of today. The main reason being that the legal arguments made in the memorials by the states concerned eventually contributed to the codification of customary international law and may, by the same token, contribute to a better understanding of current developments and challenges.

This working paper explores the participation and contributions of the Dominion of Canada at the Paris Peace Conference of 1919 viewed from in particular the drafting of the Treaty of Peace signed with the Kingdom of Hungary in the Grand Trianon chateau in Versailles. The primary objective is to identify whether the Dominion of Canada in any way influenced the drafting of the above peace treaty, which imposed very severe conditions on Hungary: a tragic moment in Hungarian history often qualified as the Trianon trauma.

This paper explores the rulings of international and national courts on the international law status of diplomatic/consular premises, as well as the measures at the disposal of the receiving State to address breaches of diplomatic immunity by (the diplomatic/consular officers of) the sending State.