Additional Conventions
International Recognition of Rights in Aircraft (Geneva Convention-1948)
Ninety-four countries had ratified this Convention as of 2002. The purpose of the treaty is to protect the rights of aircraft owners and others holding legal rights to the aircraft (such as security interests) when the aircraft crosses the borders of a signatory nation. One of the intended effects of the Convention was to encourage investors or financial institutions to more freely provide financing in the purchase of aircraft. Although a signatory to the Convention, Mexico filed a reservation to the effect that priority would be given by Mexican laws to “fiscal claims and claims made for work contracts” over claims asserted under the Convention. Sad stories are legend concerning the recovery of aircraft from Mexico.
Damage to Third Parties on the Surface Caused by Foreign Aircraft (Rome Convention-1952)
This Convention provides for the imposition of strict liability of the aircraft operator for damage caused to third parties on the ground, but places a limitation on the amount of compensatory damages. It also provides for the compulsory recognition of foreign judgments against the aircraft operator, so that a judgment secured in the injured parties’ home jurisdiction may be enforced against the aircraft operator in the same manner as a domestic judgment.
Air Offenses Convention (Tokyo Convention of 1963)
This Convention is designed to insure that offenses committed on board an aircraft may be punished by authorities in the jurisdiction of the registration of the aircraft, no matter where the location of the aircraft may be when the offense is committed. The aircraft commander or his designees are empowered to prevent the commission of such acts and to take the offender into custody, and authorized to remove the offender from the aircraft. Signatories to the Convention are obligated to take all appropriate measures to prevent unlawful and forcible seizures of aircraft by persons on board and to restore control of the aircraft to the lawful commander of the aircraft.
Hijacking Convention (Hague Convention for the Suppression of Unlawful Seizure of Aircraft-1970)
As has been described, the rash of hijackings that occurred in the 1960s caused international concern. Representatives met at The Hague to consider the problem and underscored international determination to do everything possible to prevent such actions and to ensure the severe punishment of perpetrators. Detailed provisions are set forth in the Convention concerning the establishment of jurisdiction by signatory nations in order to prosecute such offenses, including rights of nations to take offenders into custody and to prosecute or extradite them according to its provisions.