AF 447 Thread No. 10

[roulishollandais]

Thank you mm43.

International private criminal law :
It is important to have in sight that international cases concerning private actors are judged by national Courts with national laws.The first difficulty is to know if some Court has the competence to judge. The second is to know wich national law must be applied on the case and for the different actors. The third great difficulty is to get effective execution of the decision in another country.
The concept of "Jurisprudence" has generaly no interest, as international cases are very specific. But they are uses who have been established, and who are respected in any country in the world "democratic" or not, "capitalist" or "communist". That does International Law is a reality.
Force of "res judicata" ("force de la chose jugée" in French) does that a country will not judge a second time the same case.
Damage have to be repared : it is an old global law of the trade to be trustful.
Very often the law which is used is not always the law of the state of the Court.
No mention to sworn translators, and lawyers who have to travel from continent to continent..., and the high cost...
The case may be shared in different parts in different countries if special international treaties allow that, like ICAO, IATA conventions, aso.

The intention of Me Soulez-Lariviere concerning the Erika/Total case, and Aviation crashes :
It has been well explained by Me Soulez-Larivière (defending FRANTZEN the Civil Aviation Director), and also some Air France and Airbus lawyers in the Ste-Odile A320 Air Inter Crash (20.jan 1992) I could listen them as I was present at the both trials. Aeronautical crossover Atlantic lobbye hope to change the law,to avoid possibility of criminal charge in the air disasters... As Soulez-Larivière asked it to the Cassation Court. He tried and failed ! Why did he try that?
Remember that Soulez-Larivière became a star lawyer in France since he was the defender of the two DGSE agents who put a bomb on the Greenpeace ship in the Auckland Port. He obtained the false couple Turenge to plaid guilty, and France had to pay some billions to New-Zealand help state secret negociations (and french people have to eat a lot of muttons, and tons of kiwis !). After a time in New-Zealand jails, Mafart and Prieur could fly away toward HAO island for some years. That french typical conspiration story killed a men and destroyed the ship in the Port. It has been said later from well informed sources, that the DGSE's teams had been betrayed by others... Someones said Mafart would not have to phone to a DGSE number. But that helped to consider Prieur as a french agent aswell they officialy had no women... Soulez-Larivière got the benefit to be considered as a specialist of international difficult cases. But that was a Public International Law case...