Aviation Terrorism with Particular Reference to the Air Carrier’s Liability for Personal Damages Resulting from Hijackings Pursuant to Art. 17 of the Warsaw Convention

Master's Thesis , 1997 , 125 Pages , Grade: Distinction

Law - Miscellaneous

Aviation terrorism is viewed as a serious problem that has spread drastically for the past three decades. The international community keeps observing that the frequency and intensity of terrorist attacks has increased. These alarming tendencies have induced the Member States of the International Civil Aviation Organization (ICAO) to adopt and ratify several international conventions, such as the Tokyo, The Hague and the Montreal Conventions, that will be analysed as well as the question of liability of the air carrier pursuant to Art. 17 WA for personal damages resulting from such hijacking attacks.

Inhaltsverzeichnis (Table of Contents)

• ABBREVIATIONS
• INTRODUCTION
• A. THE LEGAL TREATMENT OF AVIATION TERRORISM IN THE CONTEXT OF INTERNATIONAL LAW.
• I. Preliminary Remarks
• 1. Problems in Defining „Aviation Terrorism“.
• 2. The Beginning Recognition of Aircraft Hijacking as an International Crime.
• 3. Measures of Control as Adequate Instruments for the Suppression of Aircraft Hijacking
• 4. The Existing Difficulties in Coping with the Hijacking Offence in International Law.
• II. Aviation Terrorism in the Light of the Tokyo, The Hague, and Montreal Conventions.
• 1. Introduction.....
• 2. Aerial Hijacking as a Form of Piracy pursuant to Art. 15(1)(a) of the 1958 High Seas Convention
• 3. The Legal Treatment of Hijacking under the 1963 Tokyo Convention
• a) The Scope of the Tokyo Convention
• b) Conclusion.
• 4. The Hague Convention for the Suppression of Unlawful Seizure of Aircraft of 16 December 1970.
• a) The Application of The Hague Convention
• b) Conclusion..\n
• 5. The 1971 Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971 and the „1988 Montreal Protocol\" completing the Criminalisation of the Unlawful Seizure of Aircraft...
• 6. Final Remarks
• B. THE LIABILITY OF THE AIR CARRIER FOR PERSONAL DAMAGES RESULTING FROM HIJACKINGS UNDER THE WARSAW CONVENTION..
• I. Introduction.........
• II. Applicability of the Warsaw Convention.......
• III. Recovery for Personal Damages caused by Hijacking Incidents pursuant to Art. 17 WA
• 1. Meaning of the Term,,Accident\".
• a) Comments
• 2. Discussion of Recovery for Psychosomatic Impairments, Mental Distress, Anguish, and other Forms of Personal Injuries resulting from Hijacking pursuant to Art. 17 of the Warsaw Convention..
• 3. Place and Time of the Accident: The Interpretation of the Requirements „,on Board“ the Aircraft and „,in the Course of any of the Operations of Embarking and Disembarking“ pursuant to Art. 17 of the Warsaw Convention
• a) The Scope of the Terms „Embarking“ and „Disembarking“.
• b) Schmid's Proposals Concerning the Legal Interpretation of the Terms „Embarking“ and „Disembarking“
• c) Comments
• d) Conclusion
• 4. The Question of whether a Causal Connection must be established between „Personal Injury“ and ,,Accident\" and between the „Accident“ and „,the Operation of the Aircraft“
• a) Comments
• 5. Concluding Remarks.

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This dissertation explores the legal treatment of aviation terrorism in the context of international law, with a specific focus on the liability of air carriers for personal damages resulting from hijackings under the Warsaw Convention. The work aims to analyze the legal frameworks governing aircraft hijacking, including the Tokyo, The Hague, and Montreal Conventions, and to examine the application of the Warsaw Convention in cases of personal injury caused by hijackings. Key themes explored in the dissertation include:
• Defining "Aviation Terrorism" and the challenges in establishing a comprehensive legal definition.
• The evolution of international legal responses to aircraft hijacking, including the development of specific conventions and protocols.
• The application of the Warsaw Convention to personal damages resulting from hijacking incidents, including the interpretation of the term "accident" and the scope of liability for emotional and psychological injuries.
• The legal implications of hijacking incidents for air carriers, including the complexities of determining liability and compensation.
• The role of international cooperation in addressing the threat of aviation terrorism and ensuring the safety of civil aviation.

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter provides an overview of the dissertation's scope, objectives, and methodology. It introduces the concept of aviation terrorism and its legal implications, highlighting the importance of studying this issue in the context of international law.
• A. The Legal Treatment of Aviation Terrorism in the Context of International Law: This section examines the development of international legal frameworks for addressing aviation terrorism, focusing on the Tokyo, The Hague, and Montreal Conventions. It analyzes the evolution of international legal responses to aircraft hijacking, highlighting the challenges in defining and criminalizing the offense.
• B. The Liability of the Air Carrier for Personal Damages Resulting from Hijackings Under the Warsaw Convention: This section delves into the specific legal framework governing the liability of air carriers for personal damages caused by hijackings. It analyzes the application of the Warsaw Convention to such incidents, focusing on the interpretation of the term "accident" and the scope of liability for emotional and psychological injuries.

Schlüsselwörter (Keywords)

The dissertation focuses on the legal treatment of aviation terrorism, particularly in the context of aircraft hijackings and the liability of air carriers for personal damages under the Warsaw Convention. Key terms and concepts include: aviation terrorism, aircraft hijacking, international law, Warsaw Convention, Tokyo Convention, The Hague Convention, Montreal Convention, personal damages, emotional distress, psychological injuries, liability, air carrier, accident, international cooperation, civil aviation.

• College: Lancaster University (Law Department)
• Grade: Distinction
• Author: Dr. Andreas-Michael Blum (Author)
• Publication Year: 1997
• Pages: 125
• Catalog Number: V358024
• ISBN (eBook): 9783668432680
• ISBN (Book): 9783668432697
• Language: English
• Tags: International Law, Aviation Law, Terrorism, Warsaw Convention, Air Carrier, Liability, Art. 17 WA, Hijacking