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Responsibility of the Russian Federation for Shooting Down a Malaysian Passenger Aircraft on 17th July 2014

2019· article· en· W2972765224 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueINCAS BULLETIN · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicInternational Law and Aviation
Canadian institutionsnot available
Fundersnot available
KeywordsTragedy (event)AviationState (computer science)Political scienceLawState responsibilityDoctrineInternational lawSociologyEngineering

Abstract

fetched live from OpenAlex

On 17 July 2014, Malaysia Airlines Flight MH17 from Amsterdam to Kuala Lumpur was shot down over Eastern Ukraine. On board Boeing 777 there were 283 passengers and 15 crew members who all lost their lives. The victims’ families and the states whose citizens were lost now seek remedies from those that are responsible for this tragedy. This paper discusses the incident of MH17 which took place in Western Ukraine. This paper uses the analytical approach method applied in legal research with the aims of answering the question presented in the paper. The MH17 incident also brings us many international legal issues, therefore it was necessary to examine the challenges of holding persons responsible for the MH17 tragedy and especially the supplier of the anti-aircraft missile that was used. It then considers international law’s capacity for preventing recurrences of this tragedy by constraining non-state actors’ access to anti-aircraft missiles. Under the doctrine of state responsibility, the Netherlands and/or Malaysia may be able to bring a case before the ICJ for violations of international law and internationally wrongful acts attributable to Russia and/or Ukraine. It seems that that Russia and Ukraine may have violated their obligations under the civil aviation conventions to communicate information, to investigate the situation and allegations against potential perpetrators, and to prosecute or extradite those that may be responsible. One of the two conclusions that could be drawn upon this paper is that not only Russia could be held responsible but also Ukraine is partly accountable for the tragedy. Based on both national and international legislation, it can be argued that Ukraine has a duty to protect foreigners legally passing through its airspace, which could form the legal ground for a case in Ukraine against the state. Second, a civil suit against the airlines could be brought before a court in several states based on Chicago and Montreal Conventions.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.945
Threshold uncertainty score0.609

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.283
Teacher spread0.272 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it