International Studies Journal (ISJ)

International Studies Journal (ISJ)

Legal Diplomacy in Solving the Ukrainian Passenger Plan Issue with Aspecial Analysis on the Multilateral Negotiations in Geneva 2023

Document Type : Original Article from Result of Thesis

Authors
Hossein Ghahremani Manamen 1
Tavacol Habibzadeh 2
Mohammad javad Shariat Bagheri 3
1 Department of Public International Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Associate Professor, Department of Public International Law, Imam Sadegh University, Tehran, Iran.
3 Assistant Prof. at Department of Public International Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/isj.2025.446328.2155
Abstract
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.

Highlights

Introduction
In contemporary international relations literature, legal diplomacy has emerged as a highly effective tool for managing disputes, reducing tensions, and guiding interactions among states. The growing complexity of the international system, along with the need to employ non-judicial mechanisms for dispute resolution, has increasingly driven states to utilize various diplomatic instruments, including negotiation and dialogue. Within this context, legal diplomacy is defined as the deliberate application of international law rules and principles, combined with negotiation, dialogue, and institutional engagement, enabling states to manage disputes in a predictable and peaceful manner.

The resolution of issues stemming from the crash of Ukraine International Airlines Flight 752 illustrates the critical need for structured and proactive legal diplomacy. This incident created substantial legal and political disputes between the Islamic Republic of Iran and four principal states—Ukraine, Canada, Sweden, and the United Kingdom—which required the simultaneous application of legal mechanisms, multilateral negotiations, and strategic diplomatic approaches. The filing of a lawsuit by these four states at the International Court of Justice, along with the procedural requirements of the forthcoming judicial process, further underscored the necessity of a legal diplomacy framework and the effective use of negotiation capacities.

The Islamic Republic of Iran, by initiating multiple rounds of bilateral negotiations with Ukraine and subsequently engaging in multilateral talks with the four concerned states, activated a legal diplomacy process through the Geneva negotiations in 2023. This article examines the nature, dimensions, and functions of legal diplomacy, analyzing the role of negotiation in resolving the Flight 752 incident, and addresses how legal diplomacy—particularly the Geneva multilateral negotiations—can effectively manage challenges, ensure accountability, facilitate compensation, and rebuild international trust.

Methodology
This study employs a descriptive-analytical approach, drawing data from library sources, official documents, reports, full negotiation transcripts, and published academic literature. Analyses were conducted through comparative study of relevant documents, review of theoretical literature, assessment of international scholarship, and legal analysis of the Geneva multilateral negotiations. The primary focus is on official texts and documented evidence, aiming to demonstrate the real role of legal diplomacy in dispute resolution, without interpretation or personal opinion, relying solely on verifiable content and results.

Results and Findings
The study begins with an exploration of the concept of legal diplomacy, revealing that it encompasses the application of international law in diplomatic interactions and negotiations among states to manage disputes and achieve peaceful solutions. Legal diplomacy is grounded in legal mechanisms, international principles, and structural requirements, regulating state behavior in a rational and institutionalized manner through negotiation, dialogue, and legal interaction.

A review of the theoretical literature indicates that domestic and international scholarly works on legal diplomacy are limited. No prior research has directly addressed legal diplomacy in the context of the Flight 752 incident and the Geneva multilateral negotiations. Therefore, this study fills a significant research gap and provides a novel and pioneering examination.

The findings highlight that negotiation is a core function of legal diplomacy, with key prerequisites including the existence of a dispute, willingness of the parties to engage, clear objectives, and adherence to international legal norms being crucial for successful outcomes. Analysis of the 2023 Geneva negotiations demonstrates that Iran, through active participation and provision of legal frameworks for reviewing disputed matters, sought to align actions and processes related to compensation, domestic adjudication, accountability, and management of international consequences with negotiated agreements.

Analytical data indicate that, despite certain limitations, legal diplomacy and negotiation played a significant role in reducing tensions, advancing dialogue, and facilitating agreements concerning both the legal and humanitarian dimensions of the incident. Elements such as acceptance of responsibility, establishment of compensation mechanisms, domestic judicial proceedings, and participation in multilateral negotiations exemplify the practical application of legal diplomacy in resolving the issue. Examination of the case at the ICAO Council and the Ontario Superior Court further demonstrates the role of international institutions in complementing legal and diplomatic processes.

Conclutions
The study underscores that legal diplomacy, as one of the most effective tools for managing international disputes, played a pivotal role in addressing challenges arising from Flight 752. Purposeful use of negotiation within the framework of international law facilitated the reduction of political tensions, ensured effective accountability, enabled fulfillment of obligations, provided compensation for victims, and supported the restoration of trust among states.

The research hypothesis—that legal diplomacy is effective in resolving the Ukrainian plane issue—is confirmed. Structured negotiations, combined with legal measures and compensation mechanisms, acted as facilitators in the dispute resolution process. Despite legal complexities, political considerations, and potential negotiation obstacles, sustained dialogue, utilization of international law capacities, and continued active diplomacy provide an effective pathway toward the final resolution of the matter.

This study further offers recommendations for conducting targeted, results-oriented negotiations and strategies to manage legal and diplomatic challenges, thereby expediting the resolution of disputes arising from this incident.

Keywords
Legal یiplomacy
Geneva Multilateral Negotiations
Ukraine International Airlines Flight 752
Iranian Government
International Responsibility
Subjects
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