JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2015, Vol. 28 ›› Issue (6): 24-31.DOI: 10.13766/j.bhsk.1008-2204.2015.0443

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Study on the Jurisdiction of Unruly Passengers of the International Civil Aviation

Yang Caixia   

  1. Law School, Beijing University of Aeronautics and Astronautics, Beijing 100191, China
  • Received:2015-09-16 Online:2015-11-25 Published:2015-12-02

Abstract:

With the rapid development of international civil aviation transport industry, the number of cases where unruly passengers on board of aircrafts also showed a surge trend. Practicing these cases only in accordance with the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention) has been far from effective. Being regulated by Tokyo Convention, the scope of states which exercise jurisdiction is too narrow, even resulting in "jurisdiction blank". The Protocol To Amend The Convention On Offences And Certain Other Acts Committed On Board Aircraft (The Montreal Protocol, 2014), which was adopted by ICAO (International Civil Aviation Organization) in 2014, as the outcome of Tokyo Convention's modernization, has made new regulations which enlarge the states scope exercising jurisdiction by making the State of landing and the State of the operator have jurisdiction (except for the State of registration), thus, to some extent, making up the gap of the former Tokyo Convention in terms of jurisdiction. This article sorts the evolution of ICAO regulation system in respect of jurisdiction over unruly passenger cases and explores the significance and shortcomings of existing rules with suggestions for the modification of relevant domestic provisions.

Key words: unruly passenger, jurisdiction of registration state, jurisdiction of landing state, jurisdiction of the operator state, Tokyo Convention, Montreal Protocol

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