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AMENDMENTS TO THE TOKYO CONVENTION

AMENDMENTS TO THE TOKYO CONVENTION. Gdansk International Air and Space Law Conference (Gdansk, Poland) 14-15 November 2013 Jiefang Huang Senior Legal Officer Legal Affairs and External Relations Bureau International Civil Aviation Organization. Tokyo Convention.

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AMENDMENTS TO THE TOKYO CONVENTION

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  1. AMENDMENTS TO THE TOKYO CONVENTION Gdansk International Air and Space Law Conference (Gdansk, Poland)14-15 November 2013 Jiefang Huang Senior Legal Officer Legal Affairs and External Relations Bureau International Civil Aviation Organization

  2. Tokyo Convention

  3. US v.Cordova, 3 CCH Aviation Cases 3 (1950-1953) at 17,306 R. v. Martin [1956] 2 Queen’s Bench 27

  4. The Tokyo Convention Article 3, Paragraph 1: the State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board. Articles 6 to 9 establish the power of aircraft commander. Project title (Insert, Header & Footer)

  5. THE CONTEXT (Cont’d) Illegal consumption of narcotics or cigarettes Refusal to comply with safety instructions What are the typical types of behaviour? Verbal or physical confrontation with crew members or other passengers Making threats that could affect the safety of the crew, passengers and aircraft Sexual abuse or harassment Legal Affairs and External Relations Bureau

  6. Rock star Courtney Love was arrested at London's Heathrow Airport in 2003. Reports said she had been "verbally abusive" to cabin crew. AP

  7. Project title (Insert, Header & Footer)

  8. The Issue of the Jurisdiction of the State of Landing The Queen v. Remy Martins Duggan The State of Landing does not have jurisdiction on an offence which neither took place in its territory, nor on board an aircraft registered in its State. Project title (Insert, Header & Footer)

  9. Discussion at the Legal Committee Jurisdiction • The State of registry jurisdiction, already existing under Tokyo, should be preserved. • Similarly, territorial jurisdiction of a State, which was well recognized in international law, was easily supported. • There was a general sentiment that the inclusion and exercise of the State of landing and State of the operator jurisdictions would assist to curb unruly behaviour on board aircraft. • Also, further deliberation was needed on the question whether to have mandatory and optional jurisdictions. Legal Affairs and External Relations Bureau 11

  10. In-Flight Security Officers Project title (Insert, Header & Footer)

  11. WHAT NEXT? Diplomatic Conference in 2014 Main Issues: • Jurisdiction of State of Landing, Mandatory or Optional? • IFSO’s functions: Security or Security+Safety? Legal Affairs and External Relations Bureau 13

  12. ICAO LEGAL AFFAIRS ANDEXTERNAL RELATIONS BUREAU Thank you ! Legal Affairs and External Relations Bureau 14

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