Jurisdiction Over Crimes on Board Aircraft

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Springer Science & Business Media, Dec 1, 2013 - Law - 369 pages
by D.H.N. Johnson* Over the last decade few matters having some connexion with international law have aroused public interest to the same extent as "hijacking", "aerial piracy", "unlawful seizure of aircraft", "unlawful interference with aircraft"--call it what you will. Unfortunately, few matters have also contributed to the same extent to create in the public mind a sense of disillusion with international law arising from its apparent inability to suppress an unprecedented menace to freedom of communication. In 1944 the governments that concluded the Chicago Convention on International Civil Aviation referred in their preamble of that instrument to their "having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner". What is now at issue is the extent to which this important obligation has been carried out. Few people are more qualified to examine this question than the author of this work. A lecturer in international law at the University of Baghdad, with a background of postgraduate studies in London and in Cambridge, also having some experience as an international civil servant, Dr. Sami Shubber is well aware of the political, practical and legal obstacles that have prevented the international community from living up to the pledges given in 1944. Even the plethora of terms, cited above, used to describe the menace is itself an indication of the strength of these obstacles.
 

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Contents

Introduction
5
The Tokyo Convention 1963
12
THE TOKYO CONVENTION 17
16
Rights of the Aircraft Commander
30
Conclusion
46
Jurisdiction of the States which are not the State of Registration
75
Conclusion
100
The Test of Aircraft Nationality in Air Law
106
Duties of the Aircraft Commander
234
Rights of the Crew Members
247
Limitations on the Exercise of Rights under this Chapter
253
Conclusion
262
IMMUNITIES CONFERRED BY THE TOKYO
263
The Scope of the Immunity Granted by the Convention
287
Conclusion
298
The Coming into Operation of the Convention
304

Jurisdictional Problems Arising from the Test of Aircraft
112
Conclusion
139
THE MATERIAL SCOPE OF THE TOKYO
141
Hijacking of Aircraft
169
The Hague Conference
175
Temporal Application of the Convention
188
Conclusion
196
Termination of Contractual Relationship
321
CONCLUSIONS
326
List of Cases of hijacking
344
216
364
300
365
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