نوع مقاله : مقاله علمی- پژوهشی مستخرج از رساله
عنوان مقاله English
نویسندگان English
In this article, after explaining legal diplomacy, we will explain the solution of negotiation from within diplomacy, then by mentioning the challenges and international legal issues related to the case of the accident of flight number 752 of the Ukrainian passenger plane, the solution of which is outside the international judicial process, requires the use of active legal diplomacy with a special approach to the analysis of the Geneva multilateral negotiations held between the Iranian government and the governments of Ukraine, Canada, Sweden and the United Kingdom to resolve the issue of the Ukrainian plane. Therefore, it aims to answer the question that how can legal diplomacy and especially negotiation tools help to manage the tension in the relations between the mentioned governments and resolve the issues and challenges caused by the Ukrainian plane crash regarding the Iranian governments accountability, compensation and restoration of international trust? The hypothesis of the research is that the use of real diplomacy and conducting structured negotiations can pay compensation to the victims of the Iranian governments obligations and accountability, solve problems and solve problems and lead to the resolution of disputes and the reduction of diplomatic tensions between the parties. Therefore, the research hypothesis of key facts and components it identifies legal diplomacy, including multilateral negotiations, as facilitating and effective factors in resolving disputes showing the obtained results indicates that the use of legal diplomacy in solving the disputed problem is relatively useful and effective and the most efficient tool for solving the problem. The present research uses the descriptive- analytical method and the necessary data has been collected through library and professorial methods. In the final part of this research, the nations of the failure of legal negotiations referred the case to the ICAO Council and issued a verdict. We have examined the Ontario Supreme Court (Jan 2024) and finally we offer suggestions for conducting constructive and result-oriented negotiations and solutions to resolve the issue.
کلیدواژهها English
