NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN 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 an aircraft. In the light of 1963 Tokyo Convention, each state is authorized to...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Applied Sciences in Bielsko-Biała
2017-12-01
|
| Series: | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
| Subjects: | |
| Online Access: | http://asej.eu/gicid/01.3001.0012.4300 |
| _version_ | 1797288461339721728 |
|---|---|
| author | Małgorzata Szwejkowska Kacper Milkowski |
| author_facet | Małgorzata Szwejkowska Kacper Milkowski |
| author_sort | Małgorzata Szwejkowska |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-07T18:49:49Z |
| format | Article |
| id | doaj.art-d68d14724f6d432bbd7b7b792d70b376 |
| institution | Directory Open Access Journal |
| issn | 2543-9103 2543-411X |
| language | English |
| last_indexed | 2024-03-07T18:49:49Z |
| publishDate | 2017-12-01 |
| publisher | University of Applied Sciences in Bielsko-Biała |
| record_format | Article |
| series | Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej |
| spelling | doaj.art-d68d14724f6d432bbd7b7b792d70b3762024-03-02T01:56:29ZengUniversity of Applied Sciences in Bielsko-BiałaZeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej2543-91032543-411X2017-12-012148410110.19192/wsfip.sj4.2017.501.3001.0012.4300NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUESMałgorzata Szwejkowska0Kacper Milkowski1University of Warmia and Mazury (UWM) Faculty of Public International Law, Faculty of Law and AdministrationUniversity of Warmia and Mazury (UWM) t Faculty of Public International Law Faculty of Law and AdministrationThe 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.http://asej.eu/gicid/01.3001.0012.4300offence committed on board of an aircraftjurisdiction of a stateownership of an aircraftthe state of registration of an aircraftprivatisation of the airline industry |
| spellingShingle | Małgorzata Szwejkowska Kacper Milkowski NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES Zeszyty Naukowe Wyższej Szkoły Finansów i Prawa w Bielsku-Białej offence committed on board of an aircraft jurisdiction of a state ownership of an aircraft the state of registration of an aircraft privatisation of the airline industry |
| title | NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES |
| title_full | NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES |
| title_fullStr | NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES |
| title_full_unstemmed | NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES |
| title_short | NATIONAL JURISDICTION WITH RESPECT TO OFFENCES COMMITTED ON BOARDS OF AIRCRAFTS VS PRIVATIZATION PROCESSESIN THE CIVIL AVIATION SECTOR - SELECTED ISSUES |
| title_sort | national jurisdiction with respect to offences committed on boards of aircrafts vs privatization processesin the civil aviation sector selected issues |
| topic | offence committed on board of an aircraft jurisdiction of a state ownership of an aircraft the state of registration of an aircraft privatisation of the airline industry |
| url | http://asej.eu/gicid/01.3001.0012.4300 |
| work_keys_str_mv | AT małgorzataszwejkowska nationaljurisdictionwithrespecttooffencescommittedonboardsofaircraftsvsprivatizationprocessesinthecivilaviationsectorselectedissues AT kacpermilkowski nationaljurisdictionwithrespecttooffencescommittedonboardsofaircraftsvsprivatizationprocessesinthecivilaviationsectorselectedissues |