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.