INTERNATIONAL RESPONSE TO AIR HIJACKING IS LARGELY AFFECTED BY NOTIONS OF POLITICAL OFFENSES AND THE CONCEPT OF ASYLUM. WHILKE NATIONAL AND INTERNATIONAL ORGANIZATIONS HAVE SHOWN INTEREST IN SUPPRESSING AIR HIJACKING, CURRENT PROPOSALS SEEMED DOOMED TO FAILURE, LARGELY BECAUSE THE STATES WHICH HAVE BEEN THE DESTINATIONS OF MOST HIJACKERS HAVE NOT RECOGNIZED CONCERNS THAT TRANSCEND THEIR NATIONAL INTERESTS. AN INTERNATIONAL AGREEMENT REQUIRING EXTRADITION OR PROSECUTION OF HIJACKERS MUST BE A COMPROMISE BETWEEN THE PRESERVATION OF THE STATE'S RIGHT TO GRANT REFUGE TO THOSE FLEEING FROM PERSECUTION AND THE NEED TO DETER HIJACKERS. AN EXCESSIVELY LENIENT PROVISION WOULD BE USELESS, WHILE A VERY STRICT REQUIREMENT FOR EXTRADITION OR PROSECUTION WOULD BE UNACCEPTABLE TO MANY NATIONS. THE INTERNATIONAL CIVIL AVIATION ORGANIZATION HAS THUS FAR FAILED TO CONSTRUCT A PROPOSAL BALANCING INEFFECTIVE PERMISSIVENESS WITH UNACCEPTABLE RIGIDITY. AN ALTERNATIVE WHICH WOULD SUBSTANTIALLY PRESERVE THE DETERRENT EFFECT ON THE THREAT OF EXTRADITION OR PROSECUTION AND THE DISCRETION IN THE HOST STATE TO GRANT ASYLUM WOULD BE THE ASSIMILATION OF THE OBLIGATION TO EXTRADITE OR PROSECUTE WITH THE DEFINITION OF 'REFUGEES' ADOPTED IN ARTICLE (A) (2) OF THE CONVENTION RELATING TO THE STATUS OF REFUGEES. THE DRAFT CONVENTION COULD AMEND THE EXTRADITION TREATIES OF CONTRACTING STATES TO PROVIDE FOR EXTRADITION OR PROSECUTION OF ALL HIJACKERS, WITH THE EXCEPTION OF AN INDIVIDUAL DETERMINED TO BE MOTIVATED BY A 'WELL-FOUNDED FEAR OF BEING PROSECUTED FOR REASONS OF RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A PARTICULAR SOCIAL GROUP, OR ADHERENCE TO A POLITICAL OPINION'. SUCH A STANDARD WOULD PERMIT A STATE TO GRANT ASYLUM TO HIJACKERS WHEN HUMANITARIAN INTERESTS SO DICTATE, BUT NOT WHERE POLITICAL MOTIVES ALONE ARE INVOLVED. CONTRACTING PARTIES WOULD BE REQUIRED TO RELINQUISH THE RIGHT TO GRANT ASYLUM TO HIJACKERS WHO FIND THE QUALITY OF LIFE IN THEIR STATE OF RESIDENCE INTOLERABLE AND CHOOSE HIJACKING AS THEIR MEANS OF ESCAPE. FOOTNOTES ARE PROVIDED. (RCB)