Rwanda Express leased aircraft from Air Malawi
Leasing
Jurisdiction:
what country am I flying “in”?
There is increasing concern that the Tokyo urisdiction, as it relates to legal
Convention no longer provides a
comprehensive scheme to deal with
J
matters, can be basically defined as
the capacity of an authority (e.g. a
court) to take valid legal action. The
question as to who has jurisdiction
on board a commercial aircraft in
offences committed on aircraft, flight is an interesting one, as the operating
environment of today’s airliners is highly
particularly in the case of leased, complex and dynamic. No other mode of
transportation moves at higher speeds,
chartered, and code-shared aircraft, and transgresses more borders, and moves a
more diverse population (in terms of
that governments should adopt the nationalities) than commercial airplanes do.
The question of who has jurisdiction
recommendations of the ICAO study group determines, to a certain degree, what might –
or might not – constitute an illegal act on
in passing legislation to deal with current board an aircraft in flight. Generally the laws
of the authority having jurisdiction apply, thus
safety and discipline issues. Among the what constitutes an offence will vary
according to the domestic laws of the
main concerns, as Max Scheck explores, respective countries.
More important, however, is the question as to
is the issue of jurisdiction. whether an illegal act will be pursued – to do so, the
32 December 2007 Aviationsecurityinternational
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