NCJ Number
63075
Journal
Cornell International Law Journal Volume: 3 Issue: 1 Dated: (WINTER 1970) Pages: 79-91
Date Published
1970
Length
13 pages
Annotation
THE ROLE OF THE INTERNATIONAL FEDERATION OF AIRLINE PILOTS ASSOCIATIONS (IFAPA) IN COMBATTING AIR PIRACY IS EXAMINED IN VIEW OF THE INTERNATIONAL COMMUNITY'S PAST FAILURES.
Abstract
THE IFAPA'S THREATENED STRIKE IN RESPONSE TO A 1969 AIRCRAFT HIJACKING FOCUSED WORLD ATTENTION ON THE PROBLEM OF AIR PIRACY AND SUGGESTED A POTENTIAL ROLE FOR LABOR ORGANIZATIONS IN INFLUENCING THE SETTLEMENT OF WORLDWIDE PROBLEMS. INTERNATIONAL LAW, TREATIES, AND ORGANIZATIONS HAVE ALL BEEN INEFFECTIVE IN DETERRING AIR PIRACY. CURRENT INTERNATIONAL AIR TRANSPORATION REGULATION, DATING FROM THE 1944 CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION, IS BASED ON A COMBINATION OF MULTILATERAL AND BILATERAL TREATIES, INFORMAL AGREEMENTS, AND NATIONAL POLICIES. HOWEVER, THE CONCEPT OF NATIONAL SOVEREIGNTY, ON WHICH ALL THESE ARRANGEMENTS ARE BASED, IS THE MAJOR OBSTACLE TO RESOLUTION OF INTERNATIONAL AVIATION PROBLEMS. IN ADDITION, NEITHER OF THE TWO INTERNATIONAL REGULATORY ORGANIZATIONS (THE INTERNATIONAL CIVIL AERONAUTICS ORGANIZATION AND THE INTERNATIONAL AIR TRANSIT ASSOCIATION) HAS EFFECTIVELY DEALT WITH AIR PIRACY. EVEN THE 1963 TOKYO CONVENTION FAILED TO DEFINE HIJACKING AS AN INTERNATIONAL CRIME. ALTHOUGH AIR PIRACY CANNOT BE CONTROLLED, IT COULD BE DETERRED IF HIJACKING WERE RECOGNIZED THROUGH AN INTERNATIONAL AGREEMENT AS A CRIME PUNISHABLE BY ALL NATIONS UNDER DOMESTIC OR INTERNATIONAL LAW. INDIVIDUAL STATE INTERESTS IN DETERMING POLITICAL ASYLUM AND POLITICAL CRIMES MAKE VOLUNTARY ACCEPTANCE OF SUCH AN AGREEMENT UNLIKELY. THE IFAPA MIGHT EFFECTIVELY COERCE AN AGREEMENT'S ADOPTION, HOWEVER, BY EITHER A WORLDWIDE STRIKE OR SELECTIVE BOYCOTTS AGAINST UNCOOPERATIVE STATES. SUCH ACTIONS WOULD ESTABLISH THE IFAPA AS A RATIONAL SOCIAL FORCE IN FORCING NATIONS TO REORDER THEIR PRIORITIES TOWARD AIR PASSENGER SAFETY. FOOTNOTES ARE INCLUDED. (CFW)