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Montreal Protocol 2014 - EN

This document provides an administrative package for ratifying or acceding to the 2014 Montréal Protocol, which amends the 1963 Tokyo Convention on offenses committed on aircraft. The Protocol expands jurisdiction over such offenses to states of landing and aircraft operators. It also recognizes security officers and addresses coordination, due process, and recovery of losses. Ratifying states seek to strengthen capacity to address unruly passenger behavior through expanded mandatory jurisdiction. The document includes model instruments of ratification, acceptance, approval, and accession for states to utilize.

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Muldian Sari
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49 views

Montreal Protocol 2014 - EN

This document provides an administrative package for ratifying or acceding to the 2014 Montréal Protocol, which amends the 1963 Tokyo Convention on offenses committed on aircraft. The Protocol expands jurisdiction over such offenses to states of landing and aircraft operators. It also recognizes security officers and addresses coordination, due process, and recovery of losses. Ratifying states seek to strengthen capacity to address unruly passenger behavior through expanded mandatory jurisdiction. The document includes model instruments of ratification, acceptance, approval, and accession for states to utilize.

Uploaded by

Muldian Sari
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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ADMINISTRATIVE PACKAGE

FOR RATIFICATION OF OR ACCESSION TO THE


PROTOCOL TO AMEND THE CONVENTION
ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON BOARD AIRCRAFT
(MONTRÉAL PROTOCOL, 2014)

1) Full Name of Instrument:

Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board
Aircraft, done at Montréal on 4 April 2014 (Doc 10034).

2) History:

International Conference on Air Law to Consider Amending the Convention on Offences and
Certain Other Acts Committed on Board Aircraft (Tokyo, 1963), Montréal, 26 March to 4 April 2014.

3) Summary:

The Montréal Protocol amends the Convention on Offences and Certain Other Acts
Committed on Board Aircraft, done at Tokyo on 14 September 1963 (Tokyo Convention, 1963).
The Protocol expands the grounds of jurisdiction by recognizing, under certain conditions,
the competence of the State of landing and the State of the operator to exercise jurisdiction over
offences and acts on board aircraft. The establishment of such jurisdiction over offences is mandatory
if the criteria set out in the Protocol are met.

The Protocol extends legal recognition and certain protections to in-flight security officers. It
also contains provisions addressing such issues as coordination among States, due process and fair
treatment, and the right to seek recovery under national law.

4) Main reasons for ratification:

The Montréal Protocol is the result of collective efforts by the international community to
expand the scope of the Tokyo Convention to enable States other than the State of registration to
exercise jurisdiction over unruly passengers. By expanding the scope of jurisdiction on a mandatory
basis, it will strengthen the capacity of States to curb the escalation of the severity and frequency of
unruly behavior on board aircraft. The Protocol also recognizes the desire of many States to assist
each other in curbing unruly behavior and restoring good order and discipline on board aircraft.

5) Entry into force:

In accordance with its Article XVI, the Protocol shall be open to all States for signature at the
headquarters of ICAO in Montréal until it enters into force.

In accordance with its Article XVIII, the Protocol shall enter into force on the first day of the
second month following the date of the deposit of the twenty-second instrument of ratification,
acceptance, approval or accession.
-2-

6) Depositary:

Secretary General
International Civil Aviation Organization (ICAO)
Attention: Legal Affairs and External Relations Bureau
999 Robert-Bourassa Boulevard
Montréal, Québec
Canada H3C 5H7

Attachments
Model instrument of ratification, acceptance or approval and model instrument of accession
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MODEL INSTRUMENT OF [RATIFICATION] [ACCEPTANCE] [APPROVAL]


OF THE MONTRÉAL PROTOCOL OF 2014

(To be signed by the Head of State, Head of Government


or Minister for Foreign Affairs)

WHEREAS the Protocol to Amend the Convention on Offences and Certain Other
Acts Committed on Board Aircraft was adopted at Montréal on 4 April 2014;

WHEREAS the said Protocol was signed on behalf of the Government of [name of
State] on [date];

AND WHEREAS Article XVII, paragraph 1, of the Protocol specifies that this
Protocol is subject to ratification, acceptance or approval by the signatory States;

NOW THEREFORE I, [name and title of the Head of State, Head of Government or
Minister for Foreign Affairs], declare that the Government of [name of State], having considered the
above-mentioned Protocol, [RATIFIES] [ACCEPTS] [APPROVES] the same and undertakes
faithfully to perform and carry out the stipulations therein contained.

IN WITNESS WHEREOF, I have signed this instrument of [ratification] [acceptance]


[approval] at [place] on [date].

[Signature] and [Seal]


-4-

MODEL INSTRUMENT OF ACCESSION TO THE MONTRÉAL PROTOCOL

(To be signed by the Head of State, Head of Government


or Minister for Foreign Affairs)

WHEREAS the Protocol to Amend the Convention on Offences and Certain Other Acts
Committed on Board Aircraft was adopted at Montréal on 4 April 2014;

AND WHEREAS Article XVII, paragraph 2, of the Protocol specifies that any State which
does not ratify, accept or approve this Protocol may accede to it at any time;

NOW THEREFORE I, [name and title of the Head of State, Head of Government or Minister
for Foreign Affairs], declare that the Government of [name of State], having considered the
above-mentioned Protocol, ACCEDES to the same and undertakes faithfully to perform and carry out
the stipulations therein contained.

IN WITNESS WHEREOF, I have signed this instrument of accession at [place] on [date].

[Signature] and [Seal]

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