Aviation Security Law 航空安全法(132)

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The sense of international responsibility that the United Nations ascribedto itself had reached a heady stage at this point, where the role of international law in international human conduct was perceived to be primary and above the authority of States. In its Report to the GeneralAssembly, the International Law Commission recommended a draft provision which required:
Every State has the duty to conduct its relations with other States in accordance with
international law and with the principle that the sovereignty of each State is subject to the
supremacy of international law.483
This principle, which forms a cornerstone of international conduct by States, provides the basis for strengthening international comity and regulating the conduct of States both internally – within their territories – and externally, towards other
479See Dempsey(2003, pp. 118–119).
480In Re. Chorzow Factory (Jurisdiction) Case, (1927) PCIJ, Ser. A, no. 9 at 21.
481ICJ Reports (1949),4 at 23.
482Christol(1991, p. 231).

483Report of the International Law Commission to the General Assembly on the Work of the 1st Session, A/CN.4/13, 9 June 1949, at 21.
States. States are effectively precluded by this principle of pursuing their own interests untrammelled and with disregard to principles established by international law.
These obligations are erga omnes affecting all States and thus cannot be made inapplicable to a State or group of States by an exclusive clause in a treaty or other document re.ecting legal obligations without the consent of the international community as a whole. Besides, holding governments responsible will ensure proper quality control in the provision of air navigation services.
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