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
616Fitzgerald(1971, p. 75). 617Costello(1975, p. 488).
E. The Montreal Convention (1971)
2 Extradition and Other Principles
As far as extradition is concerned, the Montreal Convention repeats verbatim The Hague provision regarding extradition. The Convention also repeats the Hague convention provision, discussed above, relating to: the taking of alleged offender into custody; joint air transport operating organizations or international operating agencies, which operate aircraft that are subject to joint international registration; continuation of the journey of the passengers, crew, and aircraft; assistance between States in connection with criminal proceeding; and, the reporting of the process to the ICAO Council.
Although the Montreal convention was considered a breakthrough in combating terrorism against air transport, it remains, like its predecessors, tenuous and desti-tute of real effect. It would be a platitude to state that the effectiveness of any convention, however well drafted and universally accepted, would depend on the willingness and ability of States to enforce within their own territory the rule of law.
Even if it is widely rati.ed, a small number of States can undermine its (a treaty’s) effectiveness by actively supporting or condoning acts of unlawful interference and by providing havens for the perpetrators of such acts. Because of con.icting ideologies and political exegesis, such events have in fact occurred.618
Another problem is that although all three Conventions have entered into force, barely half of the world community subscribes to either one or all of these agree-ments, and therefore their total impact has been less than inhibiting. Thus far, 153 States have rati.ed the Tokyo Convention, 153 States have rati.ed The Hague Convention and 155 States have rati.ed the Montreal Convention of 1971.619 This low rate of rati.cation of the Conventions, when compared to the number of 183 member States of ICAO has drastically reduced their effectiveness:
Whether the Convention will ful.l its aims is dependent upon the breadth of support it obtains, indicatedinpartbythe numberof rami.cationsit receives.Forthe Conventionto be effective, it must be acceded to by almost all nations.620
Some States have not only failed to ratify the conventions, but have also under-mined the Conventions’ effectiveness by providing sanctuaries to alleged offen-ders. Motivated by political and economic interests, other States have granted tacit support, and occasionally even active aid, to the perpetrators.
As a direct effect of the failure of the international community to provide an effective machinery for combating terrorism against air transport, threats to inter-national civil aviation have consistently become more alarming and grave. New facets and more spectacular types of offenses have evolved as a result.
In aneffortto redressthesituation, concerned actions, underthe auspiceofICAO, have attempted to formulate and adopt multilateral international accord which
618Abramovsky(1975b, p. 300).
619See ICAO Doc A31-WP/26, LE/2, 4/7/95, at 11.
620See ICAO Doc A31-WP/26, LE/2, 4/7/95, at 11.
law andwiththe provisions of the Tokyo, Hague andMontreal Conventions.
F. The Bonn Declaration
At a close of a 2-day economic meeting held at Bonn, Germany, 16–17 July 1978, leaders of the Governments of Canada, France, the federal Republic of Germany, Italy, Japan, the United Kingdom of Great Britain and Northern Ireland, and the United States of America agreed to act jointly in common undertaking against countries failing to act swiftly against hijacking. The declaration on co-operative action reads:
The heads of States and governments concerned about terrorism and the taking of hostages,
declare that their governments will intensify their joint efforts to combat international
terrorism.
To this end, in cases where a country refuses extradition or prosecution of those who
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