NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES

Abstract

The objective of this paper is to analyse the influence of ownership transformations in an airline industry, that can be observed nowadays, on the jurisdiction performed by states regarding offences committed on board of an aircraft. In the light of 1963 Tokyo Convention, each state is authorized to apply its law (broad jurisdiction) to all persons, things and activities within its territory (territorial jurisdiction), and to its citizens and legal persons wherever they are or act – including national ships and aircrafts – even if they are outside their home country (flag state competence). But are the states of registration of an aircraft really interested in exercising their jurisdiction on offences committed on board of an aircraft, if this aircraft is used by a foreign entrepreneur? Therefore, it should be noted that bilateral and multilateral agreements in the field, in particular those relating to regular air services, are of a major importance for the nationality of aircraft operators, and that the ownership of an aircraft is considered to be: indirect, alternative or parallel to the issue of the ownership of an aircraft company.