B. International Conventions
I. Convention for the Prevention and Punishment of Terrorism (1937)
Prior to the Tokyo Convention of 1963, most of the legal work relating to the security of international civil aviation was undertaken by the League of Nations or thereafter by the United Nations. The League of Nations, which was impelled to act in response to the increase of international terrorist activities following World War I, had already made several multilateral attempts to deal with the problem. Its initial efforts towards multilateral accord were directed towards the establishment of an International Convention for the Prevention and Punishment of Terrorism.535 In spite of these attempts, governments took determined action against terrorism only aftera major terrorist attack on9October 1934, which resultedin the assassination at Marseilles of King AlexanderIof Yugoslavia, during his visit to France, and the murder of the French Foreign Minister, Mr. Louis Barthou, who was of.cially receiving the King in Marseilles.536 The Yugoslav Government made a request of the Council of the League of Nations to investigate the incident.537
The Council of the League of Nations set up a Committee of Experts on 10 December 1934 to prepare a draft convention for the prevention and punishment of terrorism. The draft was submitted to an international conference in Geneva in November of 1937 and was adopted. Subsequent to approval of this convention, it was unfortunately precluded from entering into force owing to the outbreak of World War II.
II. Convention on International Civil Aviation (Chicago Convention of 1944)
At the time the Chicago Conference was held in 1944, and during the drafting of the Convention on International Civil Aviation,538 although no explicit mention was made of the security of international civil aviation since such acts were unknown at that time, several States made reference to the signi.cance of the Convention to security and safety of air travel. The Preamble to the Convention endorses its role at
535Opened for signature at Geneva on 16 November 1937. For the test see Hudson(1941, p. 862);
U.N. Doc A/C.6/418 Annex 1, p. 1 (hereinafter 1937 U.N. Convention).
536McWhinney(1987, p. 128); see also, A.J.I.L., Vol. 68, (1974), p. 69.
537McWhinney(1987, p. 129).
538Convention on International Civil Aviation, opened for signature at Chicago on 7 December
1944, entered into force on 4 April 1947. ICAO Doc 7300/6 (hereinafter Chicago Convention of 1944).
B. International Conventions
ensuing security and safety of international civil aviation in creating and preserving international civil aviation friendship and understanding among the nations and peoples of the world, and the necessity, therefore, to develop international civil aviation in a safe and orderly manner and to establish international air transport services on the basis of equal opportunity as well as sound and economic operation. Other provisions of the Convention also indicate clearly that safety of civil aviation is one of its main objectives. Article 25 of the Conventionprovides that:
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