Bulletin n. 2/2016
December 2016
INDICE
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Marchiafava Giovanni
    The Montreal Protocol 2014 and Current International Regulation Issues on Aviation Security
    in Rivista di Studi Politici Internazionali , Volume 83, n. 2, aprile-giugno ,  2016 ,  235-262
    The purpose of the article is to provide an overview of the international regulation framework on aviation security in the light of the adoption of the Montreal Protocol 2014. Once in force it will amend the Tokyo Convention 1963 on offences and certain other unlawful acts committed on board aircraft. The article considersthe main provisions of the Tokyo Convention adopted to cope with the increase of aircraft hijackings in the early 1960s, highlighting critical aspects. In addition, it covers the subsequent international legal instruments in the same field. Furthermore, the article focuses on the innovative provisions of the Montreal Protocol 2014 with particular regard to the scope of the Convention, definitions, jurisdiction, aircraft commander role and powers, Contracting States obligations, in flight security officers and compensation for damages. The article also deals with the related issue on the fragmentation of the international framework on aviation security and its implementation. In this regard, the article takes into account the proposal to adopt a unique global convention and the introduction of binding common standards and recommended practices on aviation security. Finally, considerations are provided in respect to combining the «indirect enforcement system» adopted to implement the international regulation on aviation security in the national legal systems with a «direct enforcement system» through the establishment of an international tribunal. To avoid the increase of ad hoc international courts it is decisive to establish a permanent international criminal tribunal for the enforcement of the International Criminal Law. Pending the achievement of an entirely integrated «direct enforcement system», the complementary jurisdiction of the International Criminal Court could be extended to the offences and unlawful acts against civil aviation security which are at present excluded as other treaty crimes. Even though the system adopted by the International Criminal Court is not an «indirect enforcement system», but instead is dependent on interstate criminal cooperation.
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