Open AccessPiracy of Aircraft and the Law
Author(s) -
L. C. Green
Publication year - 1972
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2437
Subject(s) - jurisdiction , law , treaty , jurisprudence , convention , state (computer science) , personal jurisdiction , political science , international law , order (exchange) , liability , international waters , business , law and economics , sociology , computer science , finance , algorithm
Aerial hijacking or aerial piracy presents serious threat to the personal safety of air travellers as well as to orderly international air transport. As the problem is relatively new the rights of the state or states involved against the hijacker, as well as the hijacker's personal rights within the new state, are confused due to attempts to make old international and municipal concepts fit contemporary hybrid problem. In order to discover basis for state jurisdiction and hijacker liability, Professor Green analyses the extraditable offence of piracy as well as international con ventions and jurisprudence. The author concludes that customary inter national law rules regarding extradition are inadequate to deal with the problem of aerial piracy. Therefore, in view of its widespread international effect, the only effective method of dealing with the problem is by way of multilateral treaty regulation such as the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft.