NCJ Number
67719
Date Published
1971
Length
213 pages
Annotation
THE LEGAL PROBLEMS ENCOUNTERED BY STATES IN TRYING TO ESTABLISH EFFECTIVE INTERNATIONAL LAW AGAINST HIJACKING AFTER THE RASH OF HIJACKING INCIDENTS IN THE EARLY 1970'S ARE ANALYZED.
Abstract
THIS BOOK IS COMPOSED OF A SERIES OF ESSAYS GROWING OUT OF AN INTERNATIONAL CONFERENCE ON THE GENERAL THEME-'AERIAL POLICY AND INTERNATIONAL LAW'--HELD AT THE INSTITUTE OF AIR AND SPACE LAW AT MCGILL UNIVERSITY, MONTREAL, IN OCTOBER 1970. SEVERAL OF THE CONTRIBUTORS ARE OFFICIALS OF, OR COUNTRY DELEGATES TO, THE DELIBERATIONS OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, A QUASI-LEGAL INTERNATIONAL BODY ORIGINATING MUCH OF THE PROPOSED INTERNATIONAL LAW AGAINST HIJACKING. ESSAYS ARE INCLUDED ON THE FOLLOWING ASPECTS OF AERIAL PIRACY: 1) 'INTERNATIONAL LEGAL PROBLEM-SOLVING AND THE PRACTICAL DILEMMA OF HIJACKING' DEALS WITH THE DIFFICULTIES OF ACHIEVING A WIDELY ACCEPTED ANTI-HIJACKING CONVENTION IN THE FACE OF ESCALATING VIOLENCE TOWARD PASSENGER AIRLINES IN THE 1960'S; 2) 'THE PATH TO INTERNATIONAL LEGISLATION AGAINST HIJACKING' DISCUSSES THE EFFORTS OF THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) TO COPE WITH AIRLINE HIJACKING, AND DESCIBES U.S. EFFORTS TO STRENGTHEN INTERNATIONAL LAW AGAINST HIJACKING. 3) 'THE LONDON DRAFT CONVENTION ON ACTS OF UNLAWFUL INTERFERENCE AGAINST CIVIL AVIATION' TRACES THE HISTORY OF MEASURES ADOPTED BY THE ICAO TO COMBAT HIJACKING; AND HIGHLIGHTS NOVEL FEATURES OF A 1970 ICAO DRAFT CONVENTION AGAINST HIJACKING; 4) 'THE INTERNATIONAL LAW OF AERIAL PIRACY. NEW PROPOSALS FOR THE NEW DIMENSION' EXPLORES THE LEGAL BASIS AND THE DECISION-MAKING PROCESS FOR JOINT INTERNATIONAL SANCTIONS, INCLUDING THE SUSPENSION OF AIR SERVICES AGAINST STATES REFUSING TO RETURN OR PUNISH HIJACKERS; 5) 'SECURING THE ENFORCEMENT OF INTERNATIONAL LEGAL OBLIGATIONS RELATING TO UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION; SOME CANADIAN INITIATIVES' ANALYZES CANADIAN PROPOSALS TO THE ICAO TO SECURE HIJACKING SANCTIONS ENFORCEMENT THROUGH BILATERAL AIR AGREEMENTS; AND 6) 'HIJACKING AND THE RIGHT OF ASYLUM' DISCUSSES PERTINENT COURT CASES TO DETERMINE THE HIJACKER'S LEGAL RIGHTS UNDER THE LAWS OF ASYLUM FOR POLITICAL OFFENSES. FOOTNOTES ARE PROVIDED. SEE ALSO NCJ 67720-26 (DEG)