NCJ Number
67724
Date Published
1971
Length
22 pages
Annotation
CANADIAN LEGAL PROPOSALS MADE TO THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) IN 1970 TO SECURE THE ENFORCEMENT OF LEGAL SANCTIONS AGAINST UNLAWFUL ACTS AGAINST PASSENGER AIRCRAFT ARE DESCRIBED.
Abstract
THE ABSENCE OF ENFORCEMENT PROVISIONS AGAINST A BREACH OF LEGAL OBLIGATIONS PERTAINING TO HIJACKING UNDER THE TOKYO CONVENTION OF 1963 IS NOTED. THE PROPOSAL OF THE CANADIAN DELEGATION TO THE 17TH ICAO ASSEMBLY IN JUNE 1970 TO LINK BILATERAL AIR AGREEMENTS TO ICAO INTERNATIONAL CONVENTIONS RELATING TO UNLAWFUL INTERFERENCE WITH CIVIL AVIATION IS DISCUSSED AS A MEANS OF PROVIDING EFFECTIVE SANCTIONS IN THE EVENT THAT LEGAL OBLIGATIONS UNDER EXISTING INTERNATIONAL CONVENTIONS AGAINST HIJACKING ARE NOT IMPLEMENTED. IN REJECTING THE BILATERAL APPROACH AS CUMBERSOME AND INEFFECTIVE, THE UNITED STATES DELEGATION OBSERVED THAT FOR SANCTION EFFECTIVENESS, CONCERTED ACTION BY SUBSTANTIALLY ALL STATES IN SUSPENDING ALL AIR SERVICES TO AN OFFENDING STATE WOULD BE REQUIRED. THEREFORE, THE BEST MEANS TO ACHIEVE THIS END WOULD BE THROUGH A MULTILATERAL CONVENTION WHICH WOULD BE BINDING ON ALL STATES. MOREOVER, A BILATERAL APPROACH WOULD ENTAIL SERIOUS ADMINISTRATIVE BURDENS AND IN THE END COULD BE RELATIVELY INEFFECTIVE. AS THE RESULT OF THIS U.S. AND CANADIAN DEBATE AND THE COUNTERPROPOSALS IN THE ICAO COUNCIL AND THE ICAO LEGAL COMMITTEE IN SEPTEMBER AND OCTOBER 1970, IT WAS AGREED TO ESTABLISH A SPECIAL ICAO SUBCOMMITTEE TO CONSIDER THE FOLLOWING THREE ALTERNATIVES FOR PREVENTION AND DETERRENCE OF UNLAWFUL INTERFERENCE WITH INTERNATIONAL CIVIL AVIATION: 1) A MULTILATERAL CONVENTION PROVIDING FOR MANDATORY SANCTIONS AGAINST STATES IN DEFAULT, 2) WIDESPREAD ADOPTION OF A SPECIAL CLAUSE AMENDING BILATERAL AIR AGREEMENTS TO PERMIT SUSPENSION OF SERVICES TO AND FROM OFFENDING STATES, AND 3) A COMBINATION OF THE BILATERAL AND MULTILATERAL APPROACHES. (DEG)