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Old 23rd Aug 2004, 16:45
  #15 (permalink)  
av8boy
 
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I've got to take a little more time to explore this. Excellent points though...

In the mean time, I'd just mention the following... I don't think the Chicago Convention actually speaks to this. Rather, I believe it would be the Tokyo Convention and post-1963 activity. Article 16 of the Tokyo Convention says, in part, "Offences committed on aircraft registered in a Contracting State shall be treated, for the purpose of extradition, as if they had been committed not only in the place in which they have occurred but also in the territory of the State of registration of the aircraft." (my emphasis). Again, I don't think that this is necessarily dispositive (especially since it refers to extradition), but I believe we're on the right track. Then there's the question of how US law will be applied, regardless of whether or not it comports with treaty... THERE's a can of worms...

I'll spend a little time reading and make my argument in a bit.
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