Legal Analysis of the ICAO Approach on Modernizing the 1970 Hague Convention by the Adoption of 2010 Beijing Protocol

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Shenasaei Hedayatollah

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Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:20 | Issue:62 Page(s): 127-154

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Title

Legal Analysis of the ICAO Approach on Modernizing the 1970 Hague Convention by the Adoption of 2010 Beijing Protocol

Author(s)

Shenasaei Hedayatollah | Issue Writer Certificate

Keywords

ICAO ApproachQ1

ModernizingQ1

Beijing ProtocolQ1

Hague ConventionQ1

criminalizationQ1

Abstract

The September 11 attacks showed that existing international legal and regulatory regime suffers from many gaps and deficiencies to deal with the offence of unlawful interference against civil aviation. In this regard, the 2010 Beijing Protocol seeks to provide new preventive approaches to deal with aerial hijacking so as to make it possible for the timely identification of such offences before being committed. For such reason, the protocol criminalizes many new ancillary offenses related to hijacking, such as assisting the offender to evade criminal investigation and prosecution. Threatening to commit criminal acts or causing any person to receive such threats is also considered as offence itself, if the threat is credible. Also, conspiracy with others to commit terrorist acts, regardless of whether the terrorist crime is actually committed or not is another example. Therefore, for the first time, the protocol recognizes legal and criminal liability for legal entities which is known as "Al-Qaeda Clause". The "Military Exception Clause", however, has been considered as a challenging matter in the Beijing Protocol.

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APA: Copy

Shenasaei, Hedayatollah. (2019). Legal Analysis of the ICAO Approach on Modernizing the 1970 Hague Convention by the Adoption of 2010 Beijing Protocol. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 20(62 ), 127-154. SID. https://sid.ir/paper/225273/en

Vancouver: Copy

Shenasaei Hedayatollah. Legal Analysis of the ICAO Approach on Modernizing the 1970 Hague Convention by the Adoption of 2010 Beijing Protocol. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;20(62 ):127-154. Available from: https://sid.ir/paper/225273/en

IEEE: Copy

Hedayatollah Shenasaei, “Legal Analysis of the ICAO Approach on Modernizing the 1970 Hague Convention by the Adoption of 2010 Beijing Protocol,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 20, no. 62 , pp. 127–154, 2019, [Online]. Available: https://sid.ir/paper/225273/en

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