But what part of that gave them the "responsibility or right" to conduct the investigation?
The basic Annex 13 rules:
- If an accident occurred within the territory of an ICAO signatory, then that country is responsible for the investigation ("State of Occurrence")
- If an accident occurred outside the territory of any country -- or if the location of the accident cannot be definitely established -- then the country where the aircraft is registered becomes responsible for the investigation ("State of Registration").
(There are exceptions to the above rules, involving accidents in non-ICAO countries, etc.)
AF447:
- Since the accident occurred in international waters, due to #2 France as the "State of Registration" was responsible for the investigation.
MH370:
- If the location of the accident were determined to be in Australia, then due to #1 Australia would be responsible for the investigation
- Alternatively, if the location of the accident were determined to be in international waters -- or if the location of the accident cannot be established -- then due to #2 Malaysia would be responsible for the investigation.
Note: Any country may delegate an aircraft investigation to another country (by mutual agreement), in whole or in part.