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NCJ Number: 62969 Find in a Library
Title: TOKYO (JA) CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT
Journal: JOURNAL OF AIR LAW AND COMMERCE  Volume:20  Dated:(1964)  Pages:305-354
Author(s): R P BOYLE; R PULSIFER
Corporate Author: Southern Methodist University Law School
United States of America
Date Published: 1964
Page Count: 100
Sponsoring Agency: Southern Methodist University Law School
Dallas, TX 75222
Format: Article
Language: English
Country: United States of America
Annotation: THIS EXAMINATION OF THE 1963 TOKYO CONVENTION ON OFFENSES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT CONCLUDES THAT ITS RATIFICATION WOULD BE IN THE BEST INTERESTS OF INTERNATIONAL AVIATION.
Abstract: THE CONVENTION ORIGINATED IN A STUDY PROJECT WHICH BEGAN IN 1950 AND WAS CONDUCTED BY THE LEGAL COMMITTEE OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO), AN AGENCY OF THE UNITED NATIONS. THE STUDY CONCLUDED THAT SUCH A CONVENTION WAS NEEDED, BUT THAT JURISDICTIONAL PRIORITIES, SUCH AS THE PRINCIPLES OF NATIONALITY, TERRITORIALITY, AND FIRST LANDING, WOULD BE DISPUTED. THE DRAFT CONVENTION'S MAIN FEATURES WERE DEVELOPED BETWEEN 1957 AND 1962, WITH THE UNITED STATES PLAYING A MAJOR ROLE IN THEIR DEVELOPMENT. THE TOKYO CONVENTION HAS FOUR BASIC PURPOSES: (1) TO EMPHASIZE THE AUTHORITY OF THE STATE IN WHICH AN AIRCRAFT IS REGISTERED OVER EVENTS OCCURRING ON BOARD THE AIRCRAFT, (2) TO GIVE THE AIRCRAFT COMMANDER THE AUTHORITY TO DEAL WITH PEOPLE THREATENING THE AIRCRAFT'S SAFETY, (3) TO DEFINE THE DUTIES OF THE STATE IN WHICH THE AIRCRAFT LANDS AFTER A CRIME IS COMMITTED, AND (4) TO DEAL WITH THE CRIME OF HIJACKING. FOLLOWING ANALYSES OF EACH OF THE CONVENTION'S FIRST 18 ARTICLES, IT IS CONCLUDED THAT THE CONVENTION, ALTHOUGH IMPERFECT, IS BOTH A NECESSARY AND DESIRABLE ADDITION TO INTERNATIONAL AIR LAW. ALTHOUGH ITS PROVISIONS ARE NARROW IN SCOPE AND REPRESENT COMPROMISES AMONG THE DRAFTING STATES, THEY GENERALLY CONFORM TO U.S. LEGAL DOCTRINE AND POLICY. EARLY RATIFICATION BY BOTH THE U.S. AND OTHER NATIONS IS RECOMMENDED. FOOTNOTES ARE INCLUDED. (CFW)
Index Term(s): Aircraft hijacking; Anti-Hijacking conventions; Evaluation; International agreements; International cooperation; International law; Piracy
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62969

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