БОРОТЬБА З НЕЗАКОННИМИ АКТАМИ ЩОДО МІЖНАРОДНОЇ ЦИВІЛЬНОЇ АВІАЦІЇ: ОНОВЛЕНИЙ КОНВЕНЦІЙНИЙ МЕХАНІЗМ

Abstract

The article is devoted to a comparative analysis of the of the provisions of old and new international treaties in the sphere of the suppression of unlawful acts relating to international civil aviation: the Convention on Offences and Certain Other Acts Committed on Board Aircraft done at Tokyo on 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft, done at Hague on 1970; the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 1988 – with the new: Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, done at Beijing on 2010; the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft, done at Beijing on 2010; the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Montréal on 2014. The main idea of the article is to focus on the latest trends in the development of international law in this sphere, which lay the foundation for a new international law and order in the field of the suppression of unlawful acts relating to international civil aviation. The author substantiates the point of view that the recent update of the Convention mechanism introduces qualitative, albeit insufficient, changes to the international legal regime for suppression such acts.

The author conducts a comparative analysis of the norms of the old and new conventions containing a list of illegal acts in relation to international civil aviation. It is concluded that the Beijing Convention 2010 not only consolidates the norms of the Montreal Convention 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation 1988, but also significantly expands the list of offences on the aircraft and at the airport.

The author substantiates the conclusion that the Beijing Protocol 2010 has significantly expanded the list of criminal acts that make up the objective side of unlawful seizure, partly including the hijacked aircraft, which the author understands as unlawful control of an aircraft in flight, not involving violence. It is concluded that the Beijing Convention not only consolidates the norms of the Montreal Convention and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation 1988, but also significantly expands the list of crimes on board the aircraft and at the airport, the obligation to “impose severe penalties” for which is laid on all member states.

Summing up the above, the author concludes that despite the shortcomings examined, the adoption and entry into force of new international legal norms in the suppression of unlawful acts relating to international civil aviation is a step towards the progressive development of international air law. At the same time, the author regrets that this development of international air law lags behind the development of public relations in the field of aviation and the new modern challenges to its security.

The author comes to the conclusion that today in the field of the suppression of unlawful acts relating to international civil aviation, at least two international legal mechanisms operate simultaneously: the old, the twentieth century and the new, the twenty-first century. Based on the analysis of the novelties of international law, the author substantiates the conclusion about the advisability of Ukraine joining the new international treaties considered by him.