NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES
Journal Title: Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej - Year 2017, Vol 21, Issue 4
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.<br/><br/>
Authors and Affiliations
Małgorzata Szwejkowska, Kacper Milkowski
Keywords
Related Articles
- EP ID EP376406
- DOI 10.19192/wsfip.sj4.2017.5
- Views 77
- Downloads 0
PAŃSTWO A TERRORYZM
W obliczu obecnego kryzysu bankowego, który można opisać jako konfrontację pomiędzy koalicją władz państwowych z prywatnymi bankami cieszącymi się prawnymi i politycznymi przywilejami a resztą społeczeństwa, kwestia terr...
THE ROLE OF POLICE OF SILESIAN PROVINCE IN SHAPING OF PUBLIC SAFETY DURING THE SECOND POLISH REPUBLIC
The article presents the organization and functioning of the Police of Silesian Province (PWl.), the formation of a strictly police provenance, which in the years 1922-1939 in the autonomy of Silesia was responsible for...
NEW DEVELOPMENTS AND REFORM PROPOSALS OF THE MACROECONOMIC IMBALANCE PROCEDURE
The European Union (EU) has had a five-year experience with the Macroeconomic Imbalance Procedure (MIP) that was introduced by the European Commission in December 2011 as a response to accumulation of huge imbalances wit...
SAFETY AND RISK ANALYSIS OF A BANKING FACILITY
From the objective point of view, safety of a banking facility is nothing more than organized opposition against any threats caused by human actions, force of nature as well as shortcomings in the civilization and threat...
NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSES IN THE CIVIL AVIATION SECTOR - SELECTED ISSUES
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...