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Oct 18, 2019 at 9:06 vote accept Mike Tocknell
Oct 3, 2019 at 9:55 comment added Mike Tocknell I am concerned to understand the two exceptions, it sounds like jurisdiction of the flag nation in flight can be impacted under Tokyo article 4 ‘the offence has an effect on the territory of such a state’ and ‘the offence has been committed by or against a national of such state’, with state in this context being other than the flag state. Does anyone know what 'effect on the territory of a state means'? If the law in a state was different to the law of the flag state which would apply?
Oct 3, 2019 at 9:53 comment added Mike Tocknell Thanks for the feedback. I believe the change between in-flight and doors shutting is because the latter specifically only related to the ability of the Pilot to have the right to exercise control over passengers, which is necessary once the doors are irrespective irrespective of if the engines are powered up or not, it does not change the timing of the taking over of flag jurisdiction which is when the engines are powered up / the landing run-out is complete.
Oct 2, 2019 at 11:37 comment added Tor-Einar Jarnbjo @jcaron I didn't write the text of the convention, but the essence regarding the question asked here, is that at least during flight, the laws of the state of registration apply. If the convention is so badly written, that it is possible to discuss or argue about which drinking age applies between closing of the doors and start of take-off, it is of very little practical significance.
Oct 2, 2019 at 8:36 comment added jcaron Also this is a very badly written convention with lots of repetition, and even inconsistencies (going through it very very quickly), as in some cases it applies from start of take-off to end of landing run, and in other cases from doors closing to doors opening...
Oct 2, 2019 at 8:26 comment added jcaron Interesting exception: "the offence has been committed by or against a national or permanent resident of such State". Not quite sure this one is actually used practice, though.
Oct 1, 2019 at 20:20 history answered Tor-Einar Jarnbjo CC BY-SA 4.0