Tokyo Convention

[하토브]

Tokyo Convention

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Convention on Offences and Certain Other Acts Committed on Board Aircraft
International Conference in Tokyo 20 August – 14 September 1963
Entered into Force:	4 December 1969
Duration:	Convention set no limits
Signatories:	40[1]
Parties	185[1]
Depository:	ICAO

The Convention on Offences and Certain Other Acts Committed On Board Aircraft, commonly called the Tokyo Convention, is an international treaty, concluded at Tokyo on 14 September 1963. It entered into force on 4 December 1969, and as of 2013 has been ratified by 185 parties.^[1]

The Convention is applicable to offences against penal law and to any acts jeopardising the safety of persons or property on board civilian aircraft while in-flight and engaged in international air navigation. Coverage includes the commission of or the intention to commit offences and certain other acts on board aircraft registered in a Contracting State in-flight over the high seas and any other areas beyond the territory of any State in addition to the airspace belonging to any Contracting State. Criminal jurisdiction may be exercised by Contracting States other than the State of Registry under limited conditions, viz, when the exercise of jurisdiction is required under multilateral international obligations, in the interest of national security, and so forth.

The Convention, for the first time in the history of international aviation law, recognises certain powers and immunities of the aircraft commander who on international flights may restrain any person(s) he has reasonable cause to believe is committing or is about to commit an offence liable to interfere with the safety of persons or property on board or who is jeopardising good order and discipline.

In strictly domestic cases the Convention does not have application and acts and offences committed in the airspace of the State of Registry are excluded except when the point of departure or intended landing lies outside that State, or the aircraft enters into the airspace of a State other than the State of Registry as for example on a domestic flight which traverses the boundary of another State.

Contents

 [hide] 

• 1 Introduction
• 2 ICAO
• 3 The Montreal Draft, 1958
• 4 The Munich Draft, 1959
• 5 Montreal Redraft, 1962
• 6 Rome Draft, 1962
  • 6.1 Tokyo Convention, 1963
• 7 Ratifications
• 8 Notes
• 9 References
• 10 External links

Introduction[edit]

Study of the question of the legal status of the aircraft had been the subject of debate from as early as the pioneering work of the French jurist Paul Fauchille in 1902 and had been frequently visited by early organisations such as, inter alia, the Comité International Technique d'Experts Juridiques Aériens^[2] (International Technical Committee of Aerial Legal Experts), the Institut de Droit International (Institute of International Law), the International Criminal Police Commission and the International Law Association.^[3] The question remained as one of the most important legal problems until the 13-year-long pre-legislative efforts of the International Civil Aviation Organization culminated in the Convention on Offenses and Certain Other Acts Committed on Board Aircraft coming into force on 4 December 1969.

"There are very few subjects connected with the law of the Air on which lawyers have written so much or which they have discussed so often at International Conferences as Crimes on Aircraft."

— J. Richard Orme Wilberforce, Crime in Aircraft, 67 Journal of the Royal Aeronautical Society, p 175 (March, 1963)

ICAO[edit]

The Convention on International Civil Aviation at Article 43 established the International Civil Aviation Organization with the aim and objective at Article 44 " ...to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to ... [p]romote safety of flight in international air navigation... "

The Legal Committee of ICAO, established by the Interim Council on 24 June 1946 and approved by the First Assembly on 23 May 1947, acting on a proposal by the Mexican representative placed the question of the legal status of the aircraft on its work programme in 1950.^[4] The Committee appointed Dr. Enrique M. Loaeza (Mexico) as rapporteur on the subject.^[5] On 15 May 1953 the Council of ICAO raised the issue of the legal status and directed the Legal Commission to commence work on the matter.^[6] Accordingly, the Legal Council at its 9th Session, held at Rio de Janeiro 25 August to 12 September 1953 primarily to study and revise the text of a draft convention^[7] intending to replace the Warsaw Convention, established a sub-committee on the Legal Status of the Aircraft.^[8]

Legal Status of the Aircraft Sub-Committee

The Legal Status of the Aircraft Sub-Committee formed by the ICAO Legal Committee during its 9th Session held at Rio de Jainero was dedicated to studying the problems associated with crimes on aircraft. During the 10th Session of the Legal Committee in 1954, the Sub-Committee held meetings to determine the best procedure to be followed in the further consideration of the legal problems involved in studying the legal status of the aircraft.^[9] It was established that consideration ought to be given to the physical circumstances wherever the aircraft might be when a crime occurred, further considering the effect upon applicable law.^[10]

One of the important problems involved births:

http://en.wikipedia.org/wiki/Tokyo_Convention

1. Southeast University Department of Law & Justice LLM Final) -Program. Course Title: International Air and Aviation Law Course Code: LMF 3223 Prepared For: Prepared By: Sayef Amin ID No. 2013020301030 26th Batch, Section: A LLM (Final) – Program Date of Submission: 27/08/2013 1

2. Table of Contents: 01. Introduction 02. Definition of Offence 03. Background of Convention 04. Provisions of Convention 05. Compliance and Enforcement 06. Main Aim and Objective of Convention 07. Offence and Jurisdiction of Tokyo Convention 08. International Offence in Air 09. Hijacking protected rules and regulation by Tokyo Convention 10. Requirements of jurisdiction of Convention 11. Crimes against aircraft 12. Jurisdiction-Article 3 of the Tokyo convention, 1963 13. Jurisdictional problems 14. Civil and Criminal Jurisdiction 15. Case Study 16. The State Obligation of Offence in Aircraft 17. Reservations 18. Accession or succession 19. Relation between Tokyo Convention, 1963 and the 1971 Montreal Convention 20. Suppression of Unlawful Seizure of Aircraft 21. Conclusion 22. Bibliography 2

http://www.slideshare.net/SayefAmin1/sayef-amin-air-aviation-law

[하토브]

여기 북미인들중에도 대한항공 사건에 대해 말하는 사람들이 많은데 그들중에 왜 미국에서 발생한 범죄행위를 한국에서 재판권을 행사하는가? 에 대한 의문을 제기하는 사람들이 있어 그들이 제기하는 토쿄 항공 조약을 살펴보았습니다. 일부는 기국주의가 맞고 대부분은 발생지주의가 맞는 것으로 보입니다. 영공을 벗어난 경우와 상공에서 발생한 경우등 여러 상황이 있을 것입니다. 미국에서 대한항공이 처벌받는다면 한국 형벌의 10 배는 각오해야 할 것입니다. 한국정부가 부패하여 뇌물관행으로 적당히 넘어가려 하는 경우에는 미국 정부가 개입할 가능성을 높여줄 것입니다.