曝光台 注意防骗
网曝天猫店富美金盛家居专营店坑蒙拐骗欺诈消费者
581Chung(1976, p. 150). 582Boyle(1964, p. 320). 583Article 13(1). 584Article 13(5). 585Article 13(2).
C. Concerted Action Under the Auspice of the ICAO
thus addressing jurisdictional issues with regard to crimes on bound aircraft, there are a number of lapses in the Convention which make it open for criticism.
Firstly, the Convention does not apply to “aircraft used in military, customs or police services.”586 This is a topical issue which requires clarity, as in modern exigencies of airlines, there are instances when civilian aircraft are called upon to carry military personnel or supplies, as much as military aircraft are sometimes deployed to execute civilian .ights.
Problems concerning registration, particularly over when the Convention insists on registration as a pivotal issue may also change the circumstances, although commanders could be totally ignorant of the laws of the State in which the aircraft they are .ying is registered. The commander may be requiredto determine whether a certain action on his aircraft does in fact constitute a crime and more particularly, a serious crime. Since at most, a commander may have some familiarity with the laws of the State of the operator. The United Kingdom,587 has elected to incorporate the terms of the Convention into its domestic legislation, thereby widening its scope to cover any aircraft controlled by its own nationals.
The Convention could also be improved upon its terms of chronology of the offenses in that its applicability extends to the period from “the moment when power is applied for the purpose of take-offuntil the moment when the landing run ends,”588 and in relation to the powers of the commander, who has authority for the purposes of the Convention, only from the time at which external doors closed following embarkation to the time when doors open for disembarkation.589
These parameters are far from satisfactory. In relation to the .rst, courts have been inconsistent in interpreting similar de.nitions of .ights used in insurance policies.Ithasbeen contendedthatpoweris .rstapplied“forthepurposeoftake-off” when the aircraft .rst begins to move under its own power to the take-off posi-tion.590 In relation to the second, the terms “all its external doors” also leaves confusion worse confounded in that it makes unclear whether “all its external doors” includes, for example, cargo or baggage hold doors, or doors giving access to such areas as the electronic compartment of the aircraft. It is not dif.cult to envisage circumstances in which these areas could be of signi.cance. The main problem, however, is that the Convention does not provide for the manner in which the offender should be dealt with after he has been removed from the aircraft. The somewhat poor and inadequate drafting in Articles 14 and 15 seems to suggest that it is only where the person disembarked or delivered cannot or does not wish to continue his journey, that the State of landing can take action.591 They do not offer a
586Article 1(4).
587Civil Aviation Act 1982, Section 92.
588Article 1(3).
589Article 6(2).
590McNair, International Law Opinions, Cambridge University Press: 1856 at 224.
591Article 16(2).
State any guidance as to questions arising from requests for extradition of an
offender or extradition by the state’s own initiation.
The Convention also fails to identify the “offenses and certain other acts com-mitted on board” which are its subject matter as extraditable offenses, and therefore all requests for extradition arising out of an offence under the Convention must be dealt with under existing extradition arrangements. Even where those agreements are existing between the two States concerned, this could often lead to confusion and delay. Furthermore, in any case, many “jeopardising” acts are unlikely to be recognized as forminga basis for extradition.Amarked omission from the Conven-tion is that while it creates and de.nes “jeopardising” acts, it does not require States to treat these as “serious crimes” although the Convention’s procedures in respect of deliveryand extradition are applicable only to serious crimes.
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