(i) The 1963 Tokyo Convention aimed to achieve international uniformity in rules for prosecuting crimes on aircraft and granted the state of registry primary jurisdiction.
(ii) It allowed aircraft commanders to take reasonable measures to maintain safety and order onboard and provided them immunity from liability.
(iii) However, the convention lacked mandatory jurisdiction requirements and had gaps that could allow offenders to escape punishment due to unclear or optional responsibilities of states involved.
Assignment On: Tokyo Convention: Offences, Jurisdiction (Include cases), Air ...Asian Paint Bangladesh Ltd
This document provides an overview and analysis of the Tokyo Convention of 1963, an international treaty regarding offenses committed on aircraft. It discusses key provisions such as the convention applying to criminal offenses and acts affecting flight safety. It also examines jurisdictional issues, such as a state other than the state of registration only being able to exercise jurisdiction under limited conditions. The document also analyzes related conventions and problems regarding jurisdiction over crimes committed on aircraft.
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
This document provides an overview of domestic implementation of international laws and international air laws in India. It discusses how international law is implemented domestically through various theories like monism and dualism. India adopts a dualist approach where international law needs to be incorporated into domestic law to be enforceable. The document outlines how various articles of the Indian Constitution provide for implementation of international treaties and obligations. It also discusses how international customary law and treaties have been applied in important court judgments in India. Finally, it provides examples of key aviation laws and amendments that India has passed to implement its obligations under international aviation treaties.
This document summarizes the First Session of the Third United Nations Conference on the Law of the Sea held in New York in 1973. It discusses statements made by the Secretary-General, conference president, and issues addressed including developing countries' interests, consensus voting, and Arvid Pardo's proposal to establish an international regime for seabed resources beyond national jurisdiction. The basis of Pardo's argument was that ocean resources are the "Common heritage of Mankind."
The document discusses maritime zones and jurisdictions under international law, describing the different zones that coastal states can claim, including the territorial sea, exclusive economic zone, continental shelf, and archipelagic waters. It provides an overview of the historical development of these maritime claims and how zones have evolved over time. The rights and responsibilities of both coastal states and other states are examined for each maritime zone under the United Nations Convention on the Law of the Sea.
This document provides an overview of international air law, beginning with an introduction to different types of aviation regulations: national, bilateral, regional, and global. It then discusses several key aspects of international air law in more detail, including the Chicago Convention of 1944 which established the basic framework for international commercial aviation. The Chicago Convention set up the International Civil Aviation Organization and addressed issues like nationality and registration of aircraft, facilitation of air navigation, and adoption of international standards. The document also covers the Warsaw system addressing aviation liability.
The document summarizes key aspects of international law of the sea. It discusses the territorial sea, which extends up to 12 nautical miles from shore, where coastal states have sovereignty. It also discusses the contiguous zone, which extends up to 24 nautical miles from shore, where states can enforce customs and immigration laws. The continental shelf extends the state's seabed rights out to 200 nautical miles or further if the geological shelf extends further. The high seas beyond these zones are international waters open to all states.
Assignment On: Tokyo Convention: Offences, Jurisdiction (Include cases), Air ...Asian Paint Bangladesh Ltd
This document provides an overview and analysis of the Tokyo Convention of 1963, an international treaty regarding offenses committed on aircraft. It discusses key provisions such as the convention applying to criminal offenses and acts affecting flight safety. It also examines jurisdictional issues, such as a state other than the state of registration only being able to exercise jurisdiction under limited conditions. The document also analyzes related conventions and problems regarding jurisdiction over crimes committed on aircraft.
Convention On International Civil Aviation (Chicago Convention), 1944.
The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.
This document provides an overview of domestic implementation of international laws and international air laws in India. It discusses how international law is implemented domestically through various theories like monism and dualism. India adopts a dualist approach where international law needs to be incorporated into domestic law to be enforceable. The document outlines how various articles of the Indian Constitution provide for implementation of international treaties and obligations. It also discusses how international customary law and treaties have been applied in important court judgments in India. Finally, it provides examples of key aviation laws and amendments that India has passed to implement its obligations under international aviation treaties.
This document summarizes the First Session of the Third United Nations Conference on the Law of the Sea held in New York in 1973. It discusses statements made by the Secretary-General, conference president, and issues addressed including developing countries' interests, consensus voting, and Arvid Pardo's proposal to establish an international regime for seabed resources beyond national jurisdiction. The basis of Pardo's argument was that ocean resources are the "Common heritage of Mankind."
The document discusses maritime zones and jurisdictions under international law, describing the different zones that coastal states can claim, including the territorial sea, exclusive economic zone, continental shelf, and archipelagic waters. It provides an overview of the historical development of these maritime claims and how zones have evolved over time. The rights and responsibilities of both coastal states and other states are examined for each maritime zone under the United Nations Convention on the Law of the Sea.
This document provides an overview of international air law, beginning with an introduction to different types of aviation regulations: national, bilateral, regional, and global. It then discusses several key aspects of international air law in more detail, including the Chicago Convention of 1944 which established the basic framework for international commercial aviation. The Chicago Convention set up the International Civil Aviation Organization and addressed issues like nationality and registration of aircraft, facilitation of air navigation, and adoption of international standards. The document also covers the Warsaw system addressing aviation liability.
The document summarizes key aspects of international law of the sea. It discusses the territorial sea, which extends up to 12 nautical miles from shore, where coastal states have sovereignty. It also discusses the contiguous zone, which extends up to 24 nautical miles from shore, where states can enforce customs and immigration laws. The continental shelf extends the state's seabed rights out to 200 nautical miles or further if the geological shelf extends further. The high seas beyond these zones are international waters open to all states.
This document defines the continental shelf and coastal state rights over the continental shelf according to the United Nations Convention on the Law of the Sea (UNCLOS). It provides that a coastal state's continental shelf extends to 200 nautical miles from shore or the edge of the continental margin if it extends beyond 200 nm. It outlines procedures for establishing the outer limits if they extend beyond 200 nm and requirements for submitting limit coordinates. It also describes coastal state sovereign rights over natural resources on the continental shelf and obligations to not infringe on other states' navigation rights.
This document provides a history of international air law, beginning with early international conferences and conventions in the early 20th century. It summarizes key events and conventions, including the Paris Convention of 1919, the Havana Convention of 1928, the Madrid Convention of 1926, and the Warsaw Convention of 1929. These established foundational principles of air law and sovereignty over airspace, but also had limitations that led to later conventions like the Chicago Convention of 1944.
This document summarizes key parts of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It discusses the territorial sea and contiguous zone, including the sovereignty of coastal states over their territorial sea and airspace above it. It establishes the breadth of the territorial sea at 12 nautical miles and outlines rules for determining baselines and outer limits. It also covers innocent passage of ships through territorial seas, jurisdiction of coastal states, and exclusive economic zones.
Admiralty law originated in Britain and governed maritime disputes. It was later introduced in India through acts like the Indian Admiralty Act of 1861. Admiralty law covers accidents and crimes at sea, maritime contracts, and violations of shipping laws. Over time, the jurisdiction of admiralty courts expanded. Today, the high courts of India have admiralty jurisdiction over maritime disputes involving foreign vessels and parties. One case discussed involved the arrest of a foreign ship in Visakhapatnam for breaching its cargo contract. The court ruled the high court properly assumed jurisdiction in this matter.
The Anglo-Norwegian Fisheries Case centered around a dispute between the UK and Norway over fishing rights in waters surrounding Norway. Norway claimed exclusive fishing rights based on its system of baselines, while the UK argued this violated international law. The ICJ ultimately ruled in Norway's favor, finding that Norway's baselines and claims of exclusive fishing rights were consistent with international law. Some judges dissented from parts of the ruling. The case established that a state can gain customary fishing rights through long practice accepted by other states.
The document summarizes the International Convention on Civil Liability for Oil Pollution Damage and subsequent amendments, which establish liability and compensation regimes for oil pollution damage from ships. The convention places strict liability on shipowners and requires insurance. It was later amended in protocols to expand coverage, increase compensation limits, and establish an International Oil Pollution Compensation Fund to provide additional compensation beyond shipowner liability limits.
Executive magistrates have broad powers and responsibilities under various laws. They preside over criminal courts, carry out administrative functions, and are tasked with promoting peace and justice. Their powers stem from central enactments and social legislation. As public servants, they are meant to act fairly and impartially according to rule of law. The document then lists 30 specific powers executive magistrates have under the Code of Criminal Procedure, such as arresting individuals, searching premises, intervening in property or land disputes, and conducting inquiries.
The maritime belt refers to the part of the sea under the jurisdiction of coastal states. It extends up to 12 nautical miles from shore, within which the coastal state can exercise sovereignty. Historically, the width of the maritime belt varied depending on the range of cannons, but international agreements in the 20th century standardized it at 12 miles. Within this zone, coastal nations have control over resources and activities as recognized under the United Nations Convention on the Law of the Sea.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
State responsibility arises under international law when a state commits an internationally wrongful act. For a state to be responsible, the wrongful conduct must be attributable to the state and constitute a breach of an international obligation. Conduct is attributable to a state if it is committed by state organs or other entities acting under the state's direction or control. Even ultra vires conduct or actions of private individuals can be attributable. A state breaches its obligations by failing to act in accordance with customary international law, treaties, or judicial decisions. Examples of when states have been found responsible include failing to prevent or warn of dangers in territorial waters and denying justice to foreign citizens.
The document discusses the international law of the sea, including key provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS). It summarizes that UNCLOS established a 12 nautical mile territorial sea limit and introduced new legal regimes for the exclusive economic zone and international seabed area. The summary also notes that under UNCLOS, ships enjoy the right of innocent passage through territorial seas and coastal states can exercise jurisdiction over foreign ships in certain circumstances, such as if a consequence of a crime extends to the coastal state.
The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea.Law of the sea is also known as Maritime law which is that branch of public International Law which regulates the rights and duties concerning the regulation of states with respect to the sea. It governs the legal rules regarding ships and shipping. It is one of the principal subjects of international law and is a mixture of the treaty and established or emerging customary law.
The law of the sea forms the basis of conducting maritime economic activities, the codification of navigation rules and to protect oceans from abuse of power. It covers rights, freedoms and obligations in areas such as territorial seas and waters and the high seas, fishing, wrecks and cultural heritage, protection of the marine environment and dispute settlement.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
This document provides an overview of the UNCITRAL Model Law and international commercial arbitration. Some key points:
- UNCITRAL is the core UN body dealing with international trade law and established model laws like the Model Law on International Commercial Arbitration to harmonize arbitration standards.
- The Model Law aims to address inconsistencies and gaps in national arbitration laws to better facilitate cross-border arbitration. It serves as a model for domestic arbitration legislation.
- The Indian Arbitration Act is based largely on the UNCITRAL Model Law and aims to consolidate arbitration laws in India according to international standards.
- The Model Law covers important aspects of the arbitration process like the
The document summarizes Section 154 of the Criminal Procedure Code relating to information provided about cognizable offenses. It provides that any oral information about a cognizable offense must be reduced to writing by the officer in charge and signed by the informant. A copy must then be provided to the informant free of cost. If the information relates to certain sexual offenses, it must be recorded by a woman police officer. The section also describes procedures for persons with disabilities and allows complaints to be made to the Superintendent of Police if the officer in charge refuses to record the information. Key cases related to Section 154 and FIR procedures are also summarized.
The document discusses the key terms used in transportation contracts and the legal aspects of different means of transportation. It examines the legal commitments and responsibilities of sellers, buyers, and carriers of goods. The chapter also analyzes uniformity issues in international private maritime law and alternatives to help address the lack of uniformity, such as model rules, standard forms, and national statutes.
This document provides an introduction and overview of maritime law and the admiralty jurisdiction in India. It discusses key concepts like admiralty, maritime law, and the law of the sea. It traces the historical development of merchant shipping law in India from British rule. The basis of current Indian law is international conventions and UK law. The document outlines the laws applicable to maritime matters in India and the courts that exercise admiralty jurisdiction. It also describes the process and documents required for arresting a ship in India.
Indira Jai Singh v/s Supreme Court of India through Secretary General and OrsAnushka Singh
The Supreme Court of India lifted the veil of secrecy surrounding the system of designating advocates as Senior Advocates. A PIL was filed by Senior Advocate Indira Jaising challenging the present arbitrary and non-transparent system. The Court held that Section 16 of the Advocates Act and the designation of 'Senior Advocate' are constitutional. However, to ensure objectivity and transparency, it issued elaborate guidelines establishing a permanent committee and criteria-based point system for designating Senior Advocates in the Supreme Court and High Courts. The guidelines aim to recognize the most deserving advocates based on merit, ability, and contributions to the Bar.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
Dhaka, Bangladesh is facing serious traffic problems due to its large and growing population. Traffic congestion costs the city $3 billion per year in lost time and productivity. Several large infrastructure projects have been proposed to address the issue, but feasibility studies have not been conducted and quick implementation may lead to selecting inappropriate projects. Smaller, low-cost solutions should be implemented in the short-term through better use of existing roads, waterways, and public transport while long-term solutions such as new infrastructure are planned properly. Both small and large scale projects are needed to solve Dhaka's traffic problems in an effective manner.
This document discusses traffic congestion in Dhaka, Bangladesh. It defines congestion as a condition where traffic is very slow with many queues and jams. Dhaka has a population of over 1 crore people and is one of the most densely populated cities in the world, with 400,000 rickshaws contributing to congestion. The major causes of congestion are the city's layout and overpopulation, inadequate and unplanned roads, heterogeneous vehicles and inadequate public transport, rail crossings, and insufficient parking. Suggested solutions to reduce congestion include expanding public transport, widening roads, improving traffic management, and increasing pedestrian and parking facilities.
This document defines the continental shelf and coastal state rights over the continental shelf according to the United Nations Convention on the Law of the Sea (UNCLOS). It provides that a coastal state's continental shelf extends to 200 nautical miles from shore or the edge of the continental margin if it extends beyond 200 nm. It outlines procedures for establishing the outer limits if they extend beyond 200 nm and requirements for submitting limit coordinates. It also describes coastal state sovereign rights over natural resources on the continental shelf and obligations to not infringe on other states' navigation rights.
This document provides a history of international air law, beginning with early international conferences and conventions in the early 20th century. It summarizes key events and conventions, including the Paris Convention of 1919, the Havana Convention of 1928, the Madrid Convention of 1926, and the Warsaw Convention of 1929. These established foundational principles of air law and sovereignty over airspace, but also had limitations that led to later conventions like the Chicago Convention of 1944.
This document summarizes key parts of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. It discusses the territorial sea and contiguous zone, including the sovereignty of coastal states over their territorial sea and airspace above it. It establishes the breadth of the territorial sea at 12 nautical miles and outlines rules for determining baselines and outer limits. It also covers innocent passage of ships through territorial seas, jurisdiction of coastal states, and exclusive economic zones.
Admiralty law originated in Britain and governed maritime disputes. It was later introduced in India through acts like the Indian Admiralty Act of 1861. Admiralty law covers accidents and crimes at sea, maritime contracts, and violations of shipping laws. Over time, the jurisdiction of admiralty courts expanded. Today, the high courts of India have admiralty jurisdiction over maritime disputes involving foreign vessels and parties. One case discussed involved the arrest of a foreign ship in Visakhapatnam for breaching its cargo contract. The court ruled the high court properly assumed jurisdiction in this matter.
The Anglo-Norwegian Fisheries Case centered around a dispute between the UK and Norway over fishing rights in waters surrounding Norway. Norway claimed exclusive fishing rights based on its system of baselines, while the UK argued this violated international law. The ICJ ultimately ruled in Norway's favor, finding that Norway's baselines and claims of exclusive fishing rights were consistent with international law. Some judges dissented from parts of the ruling. The case established that a state can gain customary fishing rights through long practice accepted by other states.
The document summarizes the International Convention on Civil Liability for Oil Pollution Damage and subsequent amendments, which establish liability and compensation regimes for oil pollution damage from ships. The convention places strict liability on shipowners and requires insurance. It was later amended in protocols to expand coverage, increase compensation limits, and establish an International Oil Pollution Compensation Fund to provide additional compensation beyond shipowner liability limits.
Executive magistrates have broad powers and responsibilities under various laws. They preside over criminal courts, carry out administrative functions, and are tasked with promoting peace and justice. Their powers stem from central enactments and social legislation. As public servants, they are meant to act fairly and impartially according to rule of law. The document then lists 30 specific powers executive magistrates have under the Code of Criminal Procedure, such as arresting individuals, searching premises, intervening in property or land disputes, and conducting inquiries.
The maritime belt refers to the part of the sea under the jurisdiction of coastal states. It extends up to 12 nautical miles from shore, within which the coastal state can exercise sovereignty. Historically, the width of the maritime belt varied depending on the range of cannons, but international agreements in the 20th century standardized it at 12 miles. Within this zone, coastal nations have control over resources and activities as recognized under the United Nations Convention on the Law of the Sea.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
State responsibility arises under international law when a state commits an internationally wrongful act. For a state to be responsible, the wrongful conduct must be attributable to the state and constitute a breach of an international obligation. Conduct is attributable to a state if it is committed by state organs or other entities acting under the state's direction or control. Even ultra vires conduct or actions of private individuals can be attributable. A state breaches its obligations by failing to act in accordance with customary international law, treaties, or judicial decisions. Examples of when states have been found responsible include failing to prevent or warn of dangers in territorial waters and denying justice to foreign citizens.
The document discusses the international law of the sea, including key provisions of the 1982 UN Convention on the Law of the Sea (UNCLOS). It summarizes that UNCLOS established a 12 nautical mile territorial sea limit and introduced new legal regimes for the exclusive economic zone and international seabed area. The summary also notes that under UNCLOS, ships enjoy the right of innocent passage through territorial seas and coastal states can exercise jurisdiction over foreign ships in certain circumstances, such as if a consequence of a crime extends to the coastal state.
The law of the sea is a body of customs, treaties, and international agreements by which governments maintain order, productivity, and peaceful relations on the sea.Law of the sea is also known as Maritime law which is that branch of public International Law which regulates the rights and duties concerning the regulation of states with respect to the sea. It governs the legal rules regarding ships and shipping. It is one of the principal subjects of international law and is a mixture of the treaty and established or emerging customary law.
The law of the sea forms the basis of conducting maritime economic activities, the codification of navigation rules and to protect oceans from abuse of power. It covers rights, freedoms and obligations in areas such as territorial seas and waters and the high seas, fishing, wrecks and cultural heritage, protection of the marine environment and dispute settlement.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
This document provides an overview of the UNCITRAL Model Law and international commercial arbitration. Some key points:
- UNCITRAL is the core UN body dealing with international trade law and established model laws like the Model Law on International Commercial Arbitration to harmonize arbitration standards.
- The Model Law aims to address inconsistencies and gaps in national arbitration laws to better facilitate cross-border arbitration. It serves as a model for domestic arbitration legislation.
- The Indian Arbitration Act is based largely on the UNCITRAL Model Law and aims to consolidate arbitration laws in India according to international standards.
- The Model Law covers important aspects of the arbitration process like the
The document summarizes Section 154 of the Criminal Procedure Code relating to information provided about cognizable offenses. It provides that any oral information about a cognizable offense must be reduced to writing by the officer in charge and signed by the informant. A copy must then be provided to the informant free of cost. If the information relates to certain sexual offenses, it must be recorded by a woman police officer. The section also describes procedures for persons with disabilities and allows complaints to be made to the Superintendent of Police if the officer in charge refuses to record the information. Key cases related to Section 154 and FIR procedures are also summarized.
The document discusses the key terms used in transportation contracts and the legal aspects of different means of transportation. It examines the legal commitments and responsibilities of sellers, buyers, and carriers of goods. The chapter also analyzes uniformity issues in international private maritime law and alternatives to help address the lack of uniformity, such as model rules, standard forms, and national statutes.
This document provides an introduction and overview of maritime law and the admiralty jurisdiction in India. It discusses key concepts like admiralty, maritime law, and the law of the sea. It traces the historical development of merchant shipping law in India from British rule. The basis of current Indian law is international conventions and UK law. The document outlines the laws applicable to maritime matters in India and the courts that exercise admiralty jurisdiction. It also describes the process and documents required for arresting a ship in India.
Indira Jai Singh v/s Supreme Court of India through Secretary General and OrsAnushka Singh
The Supreme Court of India lifted the veil of secrecy surrounding the system of designating advocates as Senior Advocates. A PIL was filed by Senior Advocate Indira Jaising challenging the present arbitrary and non-transparent system. The Court held that Section 16 of the Advocates Act and the designation of 'Senior Advocate' are constitutional. However, to ensure objectivity and transparency, it issued elaborate guidelines establishing a permanent committee and criteria-based point system for designating Senior Advocates in the Supreme Court and High Courts. The guidelines aim to recognize the most deserving advocates based on merit, ability, and contributions to the Bar.
This document discusses various provisions related to bail and bonds under the Indian Code of Criminal Procedure. It covers sections 436-450 which outline when bail can be granted, the process for obtaining bail, conditions that can be imposed, grounds and procedures for cancellation of bail. Key points include that bail is to be granted as a matter of right for bailable offenses, courts have discretion to grant bail for non-bailable offenses subject to conditions, and provisions for anticipatory bail, bail amounts, sureties, cancellation, and appeal processes. Guidance from court judgments is also provided.
Dhaka, Bangladesh is facing serious traffic problems due to its large and growing population. Traffic congestion costs the city $3 billion per year in lost time and productivity. Several large infrastructure projects have been proposed to address the issue, but feasibility studies have not been conducted and quick implementation may lead to selecting inappropriate projects. Smaller, low-cost solutions should be implemented in the short-term through better use of existing roads, waterways, and public transport while long-term solutions such as new infrastructure are planned properly. Both small and large scale projects are needed to solve Dhaka's traffic problems in an effective manner.
This document discusses traffic congestion in Dhaka, Bangladesh. It defines congestion as a condition where traffic is very slow with many queues and jams. Dhaka has a population of over 1 crore people and is one of the most densely populated cities in the world, with 400,000 rickshaws contributing to congestion. The major causes of congestion are the city's layout and overpopulation, inadequate and unplanned roads, heterogeneous vehicles and inadequate public transport, rail crossings, and insufficient parking. Suggested solutions to reduce congestion include expanding public transport, widening roads, improving traffic management, and increasing pedestrian and parking facilities.
This document discusses different conceptions of the rule of law, including formal, substantive, and functional definitions. It analyzes each approach's advantages and disadvantages. The document also examines the rule of law in Bangladesh based on provisions in its constitution. Though the constitution contains protections, these are outweighed by negative provisions and lack of enforcement. True rule of law requires separation of powers and reform of institutions like the judiciary, law enforcement, and parliament.
Presentation on research proposal on traffic jam in dhaka city by Md. Litan M...Md. Litan Mia
This document outlines a research proposal presented by the 7 Star Group to study traffic jams in Dhaka City, Bangladesh. It introduces the group members and acknowledges their audience. The contents section lists topics to be covered including objectives, literature review, methodology, and conclusions. The introduction defines traffic as a major problem in Dhaka, costing economic and physical stress. The literature review discusses previous research on causes like vehicle volume, signaling, and lack of infrastructure planning. The proposed methodology includes surveys, interviews, and statistical analysis to identify causes and solutions to traffic jams in Dhaka City.
This document summarizes a presentation on traffic jams in Dhaka, Bangladesh. It introduces the group members and states their topic is on traffic jams and solutions. It then lists some of the main causes of traffic jams in Dhaka such as insufficient roads, poor traffic administration, wrong parking, unfit vehicles, and indifference of people. Potential solutions discussed include infrastructure development, express highways, more public transportation, and citizens being more conscious of their driving habits.
Traffic jams in Dhaka are a common situation caused by insufficient roads, poor traffic administration, wrong parking, unfit vehicles, illegal licenses, construction works, hawkers, lack of alternative buses, political meetings and rallies, government indifference, public unconsciousness. One example calculation shows that spending an hour in traffic jams daily over a 40-year life adds up to spending 1.6 years stuck in traffic, highlighting the problem. Possible solutions include government actions like stopping corruption, systematic parking, clearing hawkers from roads, separate lanes, alternative transport, and peak hour charges, as well as individual actions like carpooling and increased public consciousness.
The document provides an overview of various types of aviation regulations including national, bilateral, regional, and international regulations. It discusses in detail national aviation regulations in India and their objectives. It also explains bilateral aviation agreements, including their purpose and typical features. Regional aviation regulations in Europe and North America are briefly mentioned. The history and development of global aviation law through various conferences and conventions such as Chicago (1944) are summarized as well.
Safeguarding International civil aviation against acts of unlawful interferenceMomina Riaz
A concise presentation on ICAO Annex 17, which focuses on the safety and security of civil aviation authority. Detail about the safety and recommended practices of the regulatory bodies of the aviation sector. The civil aviation conventions that make certain rules and guidelines to implement aviation security
The document discusses several international conventions related to civil aviation:
- The Warsaw Convention of 1929 regulates international carriage by air and limits airline liability.
- The Chicago Convention of 1944 established the International Civil Aviation Organization and rules regarding airspace, safety, and taxation.
- The Tokyo Convention of 1963 addresses offenses committed on aircraft and the powers of aircraft commanders.
- The Hague Convention focuses on hijacking and requires states to prosecute or extradite offenders.
- The Montreal Convention of 1999 amended the Warsaw Convention by introducing a two-tier liability system and facilitating compensation for air disasters.
This document provides an overview of air law and its history and development. It discusses:
- The basic principles of air sovereignty and how states have complete sovereignty over their territorial airspace.
- The main international organizations that govern civil aviation, including ICAO and IATA.
- The sources of air law including international treaties, conventions, and customary law.
- Key conventions regarding penal law in aviation, including the Tokyo, Hague, and Montreal Conventions.
- Theories of jurisdiction over criminal offenses committed on aircraft, and how jurisdiction is determined.
The Chicago Convention of 1944 established the foundational principles of international air law and created the International Civil Aviation Organization (ICAO). It replaced the Paris Convention of 1919 as the primary source of public international air law. The Convention provided for national sovereignty over airspace, defined the nationality of aircraft, established duties of states regarding aircraft registration and safety standards, and allowed for freedoms of aviation subject to state consent. It formed the basis for further development of international civil aviation law and policy through ICAO standards and bilateral air transport agreements.
In transactions involving debt financing, lenders typically require the owner of the aircraft, as borrower, to grant a mortgage over the aircraft in favour of the creditor(s) to secure the underlying debt. In addition to enabling the mortgagee to take possession of the aircraft following default, mortgages ensure that in the event of insolvency of the mortgagor, the mortgagee will rank above other creditors to the extent of the value of the aircraft. As a related matter, secured loans benefit from a more favourable risk weighting for capital adequacy purposes. English law mortgages have always been a popular choice. However, following the decision of the English court in Blue Sky One, creditors have been seeking alternatives such as New York law mortgages. This briefing sets out the advantages and disadvantages of each, as well as the options available to creditors.
This document summarizes aviation law and regulations in South Africa. It outlines the principal legislation governing aviation, including the Carriage by Air Act, Air Services Licensing Act, and Civil Aviation Act. It also lists the regulatory bodies that oversee aviation, including the South African Civil Aviation Authority.
The document then describes the steps air carriers must take to obtain an operating license for domestic or international air services. For an international license, carriers must submit documents demonstrating control of the air service and financial capability. They must also provide a safety plan and details about management and aircraft. For a domestic license, similar requirements apply regarding management plans, financial documents, and aircraft registration.
Civil aviation refers to all non-military aircraft operations and related activities. The International Civil Aviation Organization (ICAO) regulates civil aviation globally and sets standards for safety, security, efficiency and regularity. Individual countries have their own civil aviation authorities that implement ICAO standards locally and regulate national civil aviation operations. Commercial aircraft operators are generally regulated under Part 121 or Part 135 which have different requirements depending on the type of operation.
Transportation policies in India aim to provide direction for allocating resources to different modes of transportation. Key aviation policies include the Aircraft Act of 1934 which regulates civil aviation, the Tokyo Convention of 1975 on offenses committed on aircraft, the Foreign Aircraft Act of 2002 implementing international agreements, and the 2021 Drone Rules which reduced regulations and fees for drone operation.
Chapter 10
Air Cargo
This chapter examines issues related to aircraft operator security along with risks and processes associated with air cargo. An overview and assessment of the vulnerabilities of aviation systems in relation to air cargo is also discussed. Policies, methods, and regulations are examined for managing security within the "air cargo supply train." The "9-11 bill," along with Title 49 CFR Part 1548 Indirect Air Carrier Security legislation, are examined in relation to air cargo security. We will also look at a synopsis of where air cargo security is today and examine concerns regarding future legislation and methods for managing air cargo security.
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Introduction
Introduction
The business and logistics for supporting air cargo is a highly complex system of global infrastructure that is subject to risk from crime and terrorism.
Air cargo includes freight and express packages that range in size from small to very large, and in type from car engines, electronic equipment, machine parts, apparel, medical supplies, human remains, to fresh-cut flowers, fresh seafood, fresh produce, tropical fish, and other perishable goods.
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Yemen air cargo plot
In 2010, an attempt was made to bomb commercial airliners using explosive devices hidden in computer print cartridges shipped as air cargo.
This effort in terrorism, commonly referred to as the Yemen air cargo plot, brought to public attention that air cargo is vulnerable as a target for terrorism. The Yemen air cargo plot was the first known terrorist activity using scheduled air cargo service as a mode for implementing an attack.
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Practical Aviation Security – Chapter 11
Introduction
10.5 million tons of cargo shipped every year
22% of U.S. passenger aircraft hold is cargo
Majority of air cargo transported by all-cargo operators
Remaining 2 million+ tons carried by passenger aircraft
Most shipping customers assume that express or overnight delivery always utilizes cargo air service. However, only a small percent of packages travel by air and an even smaller amount is placed on a passenger-carrying plane as cargo.
These small percentages still represent over 10.5 million tons of cargo shipped by air every year within the United States. Of that capacity, over 8 million tons is shipped cargo on international flights to and from the U.S., along with over half a million tons of mail.
The U.S. Government Accountability Office (GAO) estimated that at least 22% of a U.S. passenger airliner's hold is on average, cargo, with the remaining cargo transported by "all-cargo" aircraft.
Passenger planes often specialize in carrying "just-in-time" cargo, which consists of perishable items such as seafood and flowers or high-value fragile items like computers, jewelry, and artwork (etc.).
The individual size and weight of items carried as air cargo are usually smaller and lighter as compared to cargo carried by rail, vessel, or truck.
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Practical Aviation ...
Maritime Liens and Law Reform in SingaporeShu Xie Lim
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This document outlines regulations related to maritime transport security in Fiji according to the International Ship and Port Facility Security (ISPS) Code. It defines key terms and sets responsibilities for various entities. The regulations apply to passenger and cargo ships engaged in international voyages as well as certain port facilities. It establishes security levels and requirements for ship and facility security plans, training, audits, and more. Responsibilities are defined for shipping companies, ships, port facilities, and the Maritime Safety Authority of Fiji.
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This document is the Anti-Hijacking Act of 1982 passed by the Indian Parliament. It aims to give effect to the 1970 Convention for the Suppression of Unlawful Seizure of Aircraft by defining hijacking and related offenses and establishing India's jurisdiction over such crimes. The Act makes it a punishable offense to hijack an aircraft or commit acts of violence during a hijacking. It allows India to prosecute hijacking offenses that occur outside the country if the aircraft or suspects are later found in India.
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Responsibilities on the part of aircraft commander
1. Introduction:
Tokyo Convention In 1963, delegates from 61 States participated in a three-
week Diplomatic Conference held in Tokyo, Japan. At the end of the
Diplomatic Conference, sixteen States signed the Tokyo Convention on 14
September 1963.The Tokyo Convention subsequently entered into force on
4 December 1969 and, today, remains one of the most widely ratified
international instruments ever developed under the auspices of ICAO
Objectives of Tokyo Convention:
Given that various national laws provided different scenarios for the extra-
territorial application of rules of jurisdiction over crimes committed on
board aircraft, the drafters of the Tokyo Convention intended to achieve
some degree of international uniformity in the rules applicable to the
prosecution of offences committed on board aircraft. In this respect, the
raison deter of the Tokyo Convention was to:
(i) grant the State of registry jurisdiction over acts occurring aboard the
aircraft;
(ii) allow the aircraft commander certain prerogatives to handle passengers
in those situations where they have already committed or are about to
commit an offence or an act that may jeopardize the safety of the aircraft;
(iii) set forth the responsibilities of the State of landing where the alleged
offender may be disembarked or delivered; and,
(iv) to some extent, address the crime of hijacking the convention was
originally not conceived as an instrument to deal with acts of unlawful
interference with aircraft.
Scope of Tokyo Convention:
The Tokyo Convention applies to those criminal offences committed whilst
the aircraft is in-flight or on the surface of the high seas or in a non-
sovereign territory, as well as to those acts, which may not be criminal
offences, but may still jeopardize the safety of the aircraft or the good order
and discipline on board. The aircraft, which must be registered in a State
Party, is considered to be in-flight “from the moment when power is applied
for the purpose of take off until the moment when the landing run ends.”
The drafters adopted the definition of in-flight from the Convention on
2. Damage Caused by Foreign Aircraft to Third Parties on the Surface of
1952.The Tokyo Convention does not establish specific criminal offences or
acts that may pose a threat to the safety of the aircraft and persons on board,
but rather leaves them to the discretion of each State Party. The
differentiation between “offences” and “acts” allows States to establish in
their national laws, on one hand, criminal offences committed on board a
registered aircraft, and on the other hand, those acts that may constitute a
civil violation of aviation regulations.
.Jurisdiction:
Although jurisdiction is primarily vested in the State of registry, the Tokyo
Convention “does not exclude any criminal jurisdiction exercised in
accordance with national laws.” In this respect, the Tokyo Convention does
not establish exclusive jurisdiction but rather opts for a system of concurrent
jurisdiction. As the State of registry, a State Party bears a “best efforts”
obligation to assert its jurisdiction over criminal offences committed on
board aircraft registered by it. However, there is no similar obligation for
acts which may jeopardize safety or the good order and discipline on board
the aircraft. A State Party that is not the State of registry may exercise
jurisdiction only under very specific circumstances (i.e., if the offence has
effect in the territory of the State in question).
Powers and Duties of the Aircraft Commander:
Before the adoption of the Tokyo Convention there were no international
rules in place addressing the “status, powers, and duties of the aircraft
commander.” Under the Tokyo Convention the aircraft commander is given
the authority to take “reasonable” measures which are “necessary” to restore
order in the aircraftmen he or she has “reasonable grounds to believe” that a
person has committed or is about to commit a criminal offence or an act that
may jeopardize safety. For instance, it has been suggested that the aircraft
commander is obliged to apprehend a passenger who poses a risk to safety.
Yet the aircraft commander is not required to do so, if the offence in
question does not pose a safety risk, such as in the case of theft. The aircraft
commander’s prerogative encompasses a two-pronged subjective/objective
test. The measure that the aircraft commander decides to take must not only
be subjectively “reasonable” but must also be objectively “necessary” to
protect the safety of the aircraft, maintain good order and discipline on
3. board, or to allow delivery or disembarkation, given the circumstances of the
particular case.
During the Tokyo Diplomatic Conference, the delegate of Switzerland
unsuccessfully proposed that the words “reasonable grounds to believe”
should be replaced with “serious grounds to believe.” This proposal was
defeated by a vote of 13 to 11.Whilst discussing this provision, the delegate
of the United States underscored that the standard of reasonable grounds
would imply that “the aircraft commander would be required to have a
substantial basis for his [or her] belief, that he [or she] could not act on the
basis of the facts which were inadequate to support his [or her] belief to the
effect that a person had committed or was about to commit the kind of act
under consideration. In other words, the aircraft commander could not act
arbitrarily or capriciously.”
In order for the aircraft commander to establish whether an offence has been
or is about to be committed, he or she needs to assess the relevant national
laws of the State of registry. Some delegates of the Tokyo Diplomatic
Conference were of the view that when carrying out this assessment, the
aircraft commander could exercise common sense. It is noteworthy that any
crew member or any passenger may also take reasonable preventive
measures without the aircraft commander’s authorization, provided that such
measures are immediately necessary to protect the safety of the aircraft.
The words “immediately necessary” impose a much higher threshold for
crew members or passengers, as compared to the standard applicable to the
actions of the aircraft commander. Other prerogatives of the aircraft
commander include the power:
(i) to require assistance from crew members;
(ii) to request assistance from other passengers;
(iii) to disembark any person in any State, whether or not it is party to the
Tokyo Convention, when he or she has reasonable grounds to believe
that such person has committed or is about to commit an act which
may jeopardize the safety or the good order and discipline of the
aircraft; and,
4. (iv) to deliver to the authorities of a State Party any person when he or she
has reasonable grounds to believe that such person has committed or is about
to commit a serious offence under the national laws of the State of registry.
Although they appear similar, the concepts of “disembarkation” and
“delivery” are substantially different. Disembarkation relates to a decision
by the aircraft commander to off-load a person from the aircraft. In this case,
the aircraft commander does not turn the person over to the competent
authorities on the ground. Although the aircraft commander bears the
obligation of reporting that a person has disembarked, that person may
certainly walk free upon arrival, should the landing State elect not to take
any measures. One may assume that disembarkation is intended to cover acts
of a less serious nature, such as some violations of air regulations. Delivery,
on the other hand, refers to the off-loading and turning over of the person to
the authorities on the ground. It is used in cases of serious offences or acts of
unlawful interference.
The Tokyo Convention provides that the aircraft commander may exercise his or
her powers “from the moment when all [the aircraft’s] external doors are closed
following embarkation until the moment when any such door is opened for
disembarkation.” This is a different and much longer temporal period as
compared to the notion of an aircraft being in-flight [i.e., from the moment when
power is appliedfor take-off until the end of the landing run] that governs all other
aspects of the Tokyo Convention. During the Tokyo Diplomatic Conference, IATA
unsuccessfully suggested that the Convention’s temporal scope should coincide
with the period during which the powers of the aircraft commander were
applicable. Although the Tokyo Convention was designed with the idea of
granting ample powers to the aircraft commander, this does not in any way imply
a “carte blanche” for the aircraft commander. The exercise of these powers must
be carried out within the context of, and the parameters established by the
Convention. As will be explained below, failure to do so may trigger the liability
not only of the aircraft commander, but also of the aircraft operator. In addition to
these prerogatives, the Tokyo Convention imposes a number of obligations on
the aircraft commander. These include the duty to:
(i) notify the State of landing that a person has been restrained and provide the
justification for such measure;
(ii) discontinue measures taken on board once the aircraft lands;
(iii) report to the authorities of the State of landing when a person will be
disembarked;
(iv) notify the State of landing that a person will be delivered to the competent
authorities and, (v) provide to such authorities all evidence relating to the
offence committed on board the aircraft. Commentators have indicated
that failure to carry out these duties may deprive the aircraft commander
of his or her immunity, for he or she would be deemed to be acting
outside the context of the Convention.
5. Immunity:
Although “reasonable” measures “necessary” to restrain a person on board
the aircraft taken by an aircraft commander, a crew member, or potentially a
passenger, may later be subject to legal scrutiny, the Tokyo Convention
exempts the persons taking those measures as well as the aircraft operator
from any responsibility and liability in any proceedings brought by the
person against whom such measures were taken. This includes exoneration
from criminal, administrative, and civil liabilities.
This exemption, however, does not prevent an action from being brought by
another passenger (third party) who is accidentally injured by the actions of
the aircraft commander. The rationale of granting this exoneration was based
on the notion that “there should be internationally adopted rules which
would enable aircraft commanders to maintain order on board, whether in
respect to offences or of any acts endangering safety of the aircraft or
persons or goods on board an aircraft engaged in international [air]
navigation. ”Boyle and Pulsifer explain that the “aircraft commander may
make an incorrect determination and deliver to competent authorities a
person whose act under the law of the State of registry may be only a minor
offence, but, if in his [or her] opinion it was a serious offence, and this
subjective judgment had some reasonable basis in fact, and was not arbitrary
and capricious, the aircraft commander would be acting within the scope of
his [or her] authority.” This exoneration, immunity or what has otherwise
been termed as the “escape clause” does not apply in cases where excessive
power is used.
This clause was the subject of one of the most heated debates during the
Tokyo Diplomatic Conference. In fact, a motion supporting its complete
removal was ultimately defeated by a slight margin of 3 votes (19-16).Those
who advocated getting rid of the immunity provisions were of the view that
this contradicts “the principle whereby no one can be wholly freed from
responsibility for his [or her] actions, even though the circumstances of the
aircraft commander’s peculiar position are grounds for not Judging that
responsibility too harshly.
6. Duties of States:
Under the Tokyo Convention, State Parties assume a number of obligations.
Amongst others, these include the duty:
(i) to allow disembarkation of a person;
(ii) to accept delivery of a person when the aircraft commander so requests;
(iii) to take custody of a person who has allegedly committed an act of
unlawful interference;
(iv) to allow the person in custody to communicate with the authorities of
his or her home State;
(v) to conduct a preliminary enquiry into the facts when the aircraft
commander delivers a person or when the alleged offender is involved in an
act of unlawful interference;
(vi) to notify the State of registry and the State of the person held under
custody of the circumstances that warrant such detention; and,
(vii) to promptly report findings when conducting an enquiry into the facts.
In cases involving acts of unlawful seizure of aircraft, each State Party bears
“best efforts” to restore control of the aircraft to the (lawful) aircraft
commander. If the aircraft lands in a State Party, the State must allow
passengers and crew to continue with their journeys as soon as possible.
Lack of Mandatory Jurisdiction:
Although the State of registry is competent to exercise jurisdiction over
offences and acts committed on board its aircraft, commentators often
contend that this does not in any way imply an obligation to exercise
jurisdiction. The Tokyo Convention does not provide for mandatory
jurisdiction. In fact, the State of registry is only obliged to “take measures as
may be necessary to establish its jurisdiction as the State of registration over
offences committed on board aircraft registered in such State.” This only
speaks about “offences.” Given this language, it is even questionable
whether there is any legal basis for the State of registry to exercise
jurisdiction over acts that are not criminal offences but which may
nonetheless jeopardize the safety of the aircraft or the good order and
discipline on board. Under the current regime, this would seem to be
7. optional for States Parties The wording of the Tokyo Convention grants
States Parties so much flexibility that, in practice, the exercise of jurisdiction
even for the
State of registry, is reduced to a mere “best efforts” obligation. Although the
lack of mandatory jurisdiction has been identified as one of the
Convention’s weak points, in practice this is the approach most often
adopted in many international instruments related to the prevention and
suppression of international terrorism and concluded under the auspices of
the United Nations of which the Tokyo Convention is one Numerous unruly
persons are left unpunished due to lack of jurisdiction. In fact, in many cases
the State of landing is unable to exercise jurisdiction.
There is a jurisdictional gap. The Tokyo Convention produces a paradoxical
and sometimes absurd result. Although the State of landing cannot assert
jurisdiction when the offence is committed on board an aircraft registered in
another State, unless the offence affects in some manner its territory or it
involves national security issues, it is nonetheless required to meet
obligations such as: accepting passengers delivered by the aircraft
commander, taking custody of certain persons, and making immediate
preliminary enquiries into the facts. One is left to wonder how these
obligations are to be performed by the State of landing in the absence of the
power to exercise jurisdiction.
This jurisdictional gap was identified as far back as 1997. The following
hypothetical example may better illustrate the Tokyo Convention’s
jurisdictional gap international community should not tolerate. States ought
to undertake measures to prevent the occurrence of offences and acts that
may jeopardize the safety of those flying by air even when a given case
concerns only foreign elements. States would certainly like to avoid a
situation in which their own nationals are left unprotected on the basis that
the State of landing in another country was unable to exercise jurisdiction.
Disembarkation:
Some commentators have (incorrectly) noted that the Tokyo Convention
does not require a State Party to conduct a preliminary enquiry into the fact
in cases where a person is disembarked. This criticism fails to recognize the
distinction between disembarkation and delivery of a person to the
competent authorities on the ground. As explained above, disembarkation
means that, although the aircraft commander has decided to remove a person
from the aircraft, he or she has opted not to turn the person in question over
8. to the authorities on the ground. Since those authorities are not involved,
there cannot be an obligation on the State of landing to conduct a
preliminary enquiry into the facts.
Delivery:
The fact that the aircraft commander is only authorized to deliver a person to
the authorities when he or she has reasonable grounds to believe that a
person has committed a serious crime under the national law of the State of
registry has been identified as a further weakness of the Tokyo Convention.
The aircraft commander cannot turn over a person who has committed a
minor offence but that may have end angered the safety of the aircraft, such
as using an EPD when prohibited. The Tokyo Convention does not shed
light on what constitutes a “Serious offence.” The aircraft commander must
carry out that assessment when deciding whether or not to deliver a person
to the authorities on the ground under the national law of the State of
registry. There may be situations in which a person “is delivered to the
authorities in a country whose penal laws do not mirror those of the in these
situations, the alleged offender may be set free.
Lack of Guidance on Persons Removed from the Aircraft:
Although the Tokyo Convention addresses issues relating to disembarkation
and delivery of persons to competent authorities on the ground, it does not
provide guidance on what to do or what procedures should be in place with
regard to an alleged offender once he or she is removed from the aircraft
Extradition:
The Tokyo Convention has also been criticized for not providing a
mandatory extradition provision. State Parties have no obligation to extradite
an alleged offender. In fact, the Convention does not offer much guidance at
all. The insufficient wording may be explained by the fact that the Tokyo
Convention was ICAO’s first attempt to deal with extradition matters.
Subsequent international instruments developed under the auspices of ICAO
adopted the principle “which would remove some, but definitely not all, of
the Tokyo Convention’s deficiencies.
Unlawful Seizure of Aircraft:
Some scholars argue that the Tokyo Convention fails to deal appropriately
with issues relating unlawful seizure of aircraft (hijacking).However, this
9. criticism overlooks the fact that the Convention was never intended to deal
with such issues. In fact, the hijacking provision was introduced pursuant to
a joint proposal tabled by the United States and Venezuela very late in the
negotiation process at the Tokyo Diplomatic Conference. In spite of this, a
number of the provisions of the Tokyo Convention may nonetheless be
applicable to incidents involving unlawful seizure of aircraft. The Tokyo
Convention “does not deal directly with the act of unlawful seizure of
aircraft” but rather it “addresses only the aftermath of such act and stipulates
the duties of the State of landing.” In addition, it is worth recalling that, at
the time, the international community was simply not ready to codify into an
international instrument this type of behavior. As Milde notes, “there was
not yet a clear consents us among States about the nature of the act of
unlawful seizure of aircraft and several States felt that the act was of a
“political” nature and thus beyond the purview of ICAO.”In light of recently
adopted international instruments in the field of aviation security, this
criticism has become somewhat redundant
The Legacy of the Tokyo Convention:
Despite its numerous shortcomings and it’s arguably limited effect in
today’s Environment, the Tokyo Convention has laid down the foundations
for a legal framework for the international civil aviation community. It was
the first- ever instrument within the United Nations system on these issues.
Subsequent treaties developed under the auspices of ICAO and elsewhere
have benefited from the legacy of the Tokyo Convention. It should also be
recognized for having coined the term “unlawful seizure of aircraft”, which
sought to replace the more colloquial “aircraft hijacking.
Overview:
By incorporating language from the Circular and that of other recently-
adopted ICAO international conventions, the new instrument seeks to
address most of the Tokyo Convention’ shortcomings, as identified above.
Under this proposal, the new instrument would supplement rather than
supersede the Tokyo Convention. It is expected that the latter will continue
to apply, in particular for those offences against penal law of Art.1,
paragraph 1 (a) of the Tokyo Convention. This proposal adopts the format of
a new stand-alone international instrument. However, the LC-SC may
instead decide to proceed using the format of a protocol.
10. The new instrument also proposes to re-examine the scope of application of
the Tokyo Convention. In order to do this, a new definition of “international
flights” is required. Under the new instrument’s definition, an international
flight would cover any flight whose place of departure and whose intended
destination resituated within the territories of two States Parties. Language
for this definition has been predominantly taken from the General Risks and
the Unlawful Interference Conventions, which were concluded in 2009. The
Tokyo Convention does not specify who is deemed to be the aircraft
operator. Given existing commercial arrangements involving aircraft, the
concept of the “operator” becomes extremely relevant. It was thought
necessary to introduce a definition of this term in order to clarify any doubts.
In this respect, language was again taken from the General Risks and the
Unlawful Interference Conventions.
Case Study:
“Contracting States” v. “States Parties”
Throughout its entire text, the Tokyo Convention us the term “Contracting
States.” Following the trend of recently-adopted ICAO international
instruments, it is more appropriate to adopt the term “States Parties.” The
Vienna Convention on Law of Treaties establishes a very subtle difference
between the two terms. The former refers to a State that has consented to be
bound by a treaty which has yet to enter into force. The latter refers to a
State that has consented to be bound by a treaty that is already in force.
Given that treaty obligations will only apply once the instrument enters into
force, it is more reasonable to use the terms “State Party” or “States Parties.”
This is the approach that the new instrument has taken.
List of Offence under Tokyo Convention:
One of the major flaws of the Tokyo Convention is the fact that each State
Party is left to determine what constitutes an offence against penal laws, as
well as establishing those acts that may jeopardize safety and good order and
discipline on board the aircraft. Critics have pointed out that this formula
defies the whole purpose of the harmonization of international law. To
remedy this deficiency, the new instrument proposes to establish a number
of offences within a three-tier system. Language for most of these offences
has been taken from the Circular. The first tier addresses the more serious
11. offences. This includes offences committed against crew members, such as
assault, physical and verbal intimidation, interference with the performance
of their duties, and refusal to comply with their instructions. Protection of
crew members is desirable, given that “they are responsible not only for
maintaining good order and discipline on board but also for the safety of the
aircraft. ”This section also captures offences against other persons on board
the aircraft, including acts of physical violence and sexual assaults. Given
the gravity of these types of behaviour, these offences per seconstitute acts
endangering safety or jeopardizing good order and discipline on
board.Therefore, there is no need to establish “the endangering or
jeopardizing nature of the relevant act of the alleged offender.”
Under the new instrument, both of these types of behaviour would be the
only extraditable offences.
The second tier deals with less serious types of behaviour on board aircraft,
which includes physical or verbal assaults, intentional destruction of
property, and consumption of alcohol resulting in intoxication.
Conclusion:
However, this behaviour would only constitute an offence to the extent that
the alleged offender endangers the safety of the aircraft or jeopardizes the
good order and discipline on board.
Unlike offences described in the preceding paragraph, here the prosecutor
carries the burden of proof of establishing that the alleged offender’s
conduct does in fact endanger safety or jeopardize good order and discipline
on board.
For instance, if a passenger consumes substantial quantities of alcohol, and,
as a result, becomes significantly intoxicated but remains on his or her own
seat without creating any disturbance at all during the flight, such conduct
would not constitute an offence for the purpose of the new instrument.
Likewise, if, whilst using wireless internet on board the aircraft, a passenger
carries out an act which is deemed to be electronic fraud, that would fall
outside of the scope of the new instrument because it does not endanger
safety nor jeopardize good order and discipline on board.
12. The third tier encompasses behavior not expressly mentioned in the previous
two categories but that may pose significant challenges to the safety of the
aircraft. This covers acts such as smoking in the lavatory, tampering with a
smoke detector, and operating an EPD when its use is prohibited. It also
contemplates a safeguard clause to capture other types of behaviour not
described elsewhere.
Lastly, the new instrument clarifies that these new offences do not supersede
but rather supplement those offences under penal laws mentioned in the
Tokyo Convention. This is done because State Parties to the Tokyo
Convention might have adopted implementing legislation,