FRAMEWORK OF INTERNATIONAL LAW RELATING TO THE SUPPRESSION OF SEIZURES OF AIRCRAFT AND OTHER ACTS OF VIOLENCE AGAINST INTERNATIONAL CIVIL AVIATION

• NCJ Number: 36805
• Journal: Law and State Volume: 13 Dated: (1976) Pages: 50-85
• Author(s): H J SCHUETZ
• Date Published: 1975
• Length: 36 pages
• Corporate Author: Landhausstrasse 18
• Publication Format: Document
• Language: English
• Country: West Germany (Former)
• Note: ARTICLE ORIGINALLY PUBLISHED IN OESTERREICHISCHE JURISTEN-ZEITUNG, 30 (1975), P 225-239

Annotation

EXAMINATION OF THE ESSENTIAL PROVISIONS OF THREE INTERNATIONAL AGREEMENTS BASED ON DRAFT TREATIES PREPARED BY THE ICAO (INTERNATIONAL CIVIL AVIATION ORGANIZATION), AN AGENCY OF THE UNITED NATIONS.

Abstract

THE AGREEMENTS IN QUESTION ARE THE TOKYO 'CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT', OF 1963, THE HAGUE 'CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT', OF 1970, AND THE MONTREAL 'CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION', OF 1971. THE ARTICLE SURVEYS THE ESSENTIAL PROVISIONS OF THESE THREE CONVENTIONS AND EXAMINES IN PARTICULAR, TO WHAT EXTENT THEY MAY BE REGARDED AS EFFECTIVE INSTRUMENTS IN COMBATTING HIJACKING. IT ALSO ASSESSES THE RESULTS WHICH HAVE BEEN ACHIEVED IN PRACTICE SINCE THE CONCLUSION OF THESE CONVENTIONS. IT FURTHER ENQUIRES WHAT OTHER MEANS OF COPING WITH THE PROBLEM OF HIJACKING ARE AVAILABLE UNDER INTERNATIONAL LAW BEYOND THE TREATY FRAMEWORK ESTABLISHED BY THE CONVENTIONS. OF PARTICULAR INTEREST IN THIS CONTEXT IS THE QUESTION OF WHAT UNILATERAL MEASURES OF SELF-HELP AGAINST THIS TYPE OF INTERNATIONAL TERRORISM A STATE MAY RESORT TO IF MULTILATERAL EFFORTS FAIL. (AUTHOR ABSTRACT)