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NCJ Number: 63646 Find in a Library
Title: NEW DEVELOPMENTS IN THE LAW OF INTERNATIONAL AVIATION THE CONTROL OF AERIAL HIJACKING
Journal: AMERICAN JOURNAL OF INTERNATIONAL LAW  Volume:65  Issue:4  Dated:(SEPTEMBER 1971)  Pages:71-96
Author(s): E MCWHINNEY
Corporate Author: American Soc of International Law
United States of America
Date Published: 1971
Page Count: 26
Sponsoring Agency: American Soc of International Law
Washington, DC 20008
Format: Article
Language: English
Country: United States of America
Annotation: SIX PRESENTATIONS BY PROFESSIONALS IN INTERNATIONAL LAW INDICATE THE DIFFICULTIES IN ATTEMPTING TO COMBAT AIRCRAFT HIJACKING BY TREATIES WHICH HAVE LIMITED PROVISIONS FOR EXTRADITION AND PUNISHMENT OF HIJACKERS.
Abstract: THE PROCEEDINGS OF THE 65TH ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW, SPONSORED JOINTLY WITH THE CANADIAN SOCIETY OF INTERNATIONAL LAW, CRITICIZED THE LIMITATIONS OF THE TOKYO AND HAGUE CONVENTIONS ON AIRCRAFT-RELATED CRIMES. THE DIRECTOR OF THE INSTITUTE OF AIR AND SPACE LAW OF MCGILL UNIVERSITY STATED THAT THE TWO CONVENTIONS MERELY RESTATED LONG-EXISTING INTERNATIONAL LAW CONCERNING THE OBLIGATION OF COUNTRIES TO RESTORE CONTROL OF HIJACKED VESSELS TO THEIR COMMANDERS. HE ALSO STATED THAT INTERNATIONAL LAWYERS SHOULD CONSIDER APPLYING NONTREATY FORMS OF COMMUNITY CONTROL THROUGH PRIVATE ORGANIZATIONS SUCH AS THE PILOTS ASSOCIATIONS. AFTER SUMMARIZING THE BASIC PROVISIONS OF SEVERAL CONVENTIONS, THE ASSISTANT LEGAL ADVISER OF THE U.S. DEPARTMENT OF STATE ARGUED THAT EVEN BEFORE THE HIJACKING CONVENTION ENTERS INTO FORCE, COUNTRIES SHOULD EXPECT OTHER COUNTRIES WHICH RECEIVE HIJACKERS TO PROSECUTE SUCH OFFENDERS. ANOTHER SPEAKER COMMENTED THAT THE DIVERSITY OF INTERESTS WHICH STATES MAINTAIN CAUSES SEVERE LIMITATIONS IN THE TREATY PROVISIONS ON EXTRADITION AND PUNISHMENT OF HIJACKERS. IN ADDITION, SPECIAL POLITICAL VALUES OF INDIVIDUAL GOVERNMENTS INFLUENCE THE APPROACH TOWARD THE GRANTING OF ASYLUM TO OFFENDERS. COMMENTS ON THE PRESENTATIONS INDICATED THE POTENTIAL HARM TO CIVIL LIBERTIES POSED BY INTRUSIVE SECURITY PRECAUTIONS AND EXAMINED CASES OF SUCCESSFUL EXTRADITION OF HIJACKERS. QUESTIONS FROM THE FLOOR CONCERNED INTERNATIONAL CRIMINAL LAW AND HUMAN RIGHTS. NO REFERENCES WERE CITED. (TWK)
Index Term(s): Aircraft hijacking; Antiterrorist laws; International agreements; International extradition; International law; Political offender nonextradition
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63646

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