NCJ Number
62223
Journal
Cornell International Law Journal Volume: 5 Issue: 2 Dated: (SPRING 1972) Pages: 161-187
Date Published
1972
Length
27 pages
Annotation
THE DEVELOPMENT OF THE LAW OF PIRACY IS EXAMINED AND ITS APPLICATION TO THE PROBLEMS OF CONTEMPORARY AIRCRAFT HIJACKING IS ANALYZED.
Abstract
TO DETERMINE THE EXTENT TO WHICH THE CUSTOMARY LAW OF PIRACY OFFERS POSSIBLE SOLUTIONS TO THE PROBLEM OF AIRCRAFT HIJACKING AND TO DEVELOP CONVENTIONS FOR THE COMBATING OF HIJACKING, THE LEGAL ANALYSIS FOCUSES ON THE HAGUE CONVENTION OF 1971 AND THE RESEARCH OF THE HARVARD LAW SCHOOL. THE 1932 DRAFT CONVENTION PROPOSED BY THE HARVARD PROJECT ON PIRACY WARNED OF THE POSSIBILITY OF AIRCRAFT-RELATED CRIMES AND RECOMMENDED THE APPLICATION OF CUSTOMARY (UNWRITTEN) LAWS AGAINST SEA PIRACY TO COVER 'DEPREDATIONS IN OR FROM THE AIR.' UNDER THE CUSTOMARY LAW, THE COMMISSION OF PIRACY JURE GENTIUM (LAW OF NATIONS) IS A BASIS FOR THE EXERCISE OF A UNIVERSAL JURISDICTION UNDER WHICH ANY STATE WHICH CAPTURES A PIRATE MAY PROSECUTE AND PUNISH HIM. BY THE TOKYO CONVENTION OF 1969, THE RULE GIVING SOVEREIGNTY OVER AIRSPACE HAD BEEN IMPINGED UPON TO GRANT JURISDICTION TO THE AIRCRAFT FLAG-STATE IN RESPECT TO ACTS COMMITTED ON BOARD ITS AIRCRAFT IN FOREIGN AIRSPACE. A REALISTIC APPRAISAL OF EXISTING PATTERNS OF INTERNATIONAL COMMERCE REQUIRES A FURTHER SURRENDER OF EXCLUSIVE JURISDICTION OVER DOMESTIC AIRSPACE TO CURTAIL THE MENACE OF HIJACKING. THE HAGUE CONVENTION AIMS AT ENABLING STATES WHICH ESTABLISH JURISDICTION TO OBTAIN EXTRADITION OF OFFENDERS. UNIVERSAL CRIMINAL JURISDICTION UNDER THE CONVENTION IS REINFORCED BY AN OBLIGATION INCURRED BY THE STATE IN WHOSE TERRITORY THE HIJACKER IS FOUND TO SUBMIT THE CASE FOR PROSECUTION. THIS PROVISION ACTS BEYOND THE LAW OF PIRACY IN WHICH UNIVERSAL JURISDICTION IS 'PERMISSIVE' RATHER THAN OBLIGATORY. FOOTNOTES ARE PROVIDED. (TWK)