Jurisdiction over air transport offences: comparative study

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Purpose: Analysis of international treaties and national laws of States representing major regions of the world to identify existing rules regarding the ratio of the jurisdictions over air transport offences and the extent of recognition of these rules at the national level, as well as the gaps in the legal regulation. Methodology: Formally-legal and comparative study methods were used. Results: In article it is revealed that provisions of international treaties do not fix completely the problem of lack of jurisdiction arising in some cases commission of an offense in the international territory and also do not concern a problem of the competition of jurisdictions which can lead to abuses of the states whose jurisdiction has the actual advantage in a concrete situation. The conclusion is drawn on need of improvement of the national legal system of Russia. Novelty/originality/value: Article prepared on the basis of materials of a speech of the author at the Sixth Conference on air law (St. Petersburg, 2016) has the high scientific value as is one of the first attempts to analyze problems of a ratio of jurisdictions of various states concerning offenses on air transport.

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Короткий адрес: https://sciup.org/140224975

IDR: 140224975

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