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A Study On Powers Of The Civil Aircraft Commander

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q YinFull Text:PDF
GTID:2296330467953992Subject:International law
Abstract/Summary:PDF Full Text Request
Since “9.11”, aviation safety has been touching all countries’sensitive nerves. As an important part of national security system,aviation security is one of keys of the safety work in any country. Theaircraft commander has the direct and ultimate responsibility for thesafety of the aircraft and the passengers in the aviation activities.Therefore, the aircraft commander in flight is entitled to the highestlegal status and supreme powers by international conventions and domesticlaws. In recent years, the unruly passengers’ problem is increasinglyprominent, but the Tokyo Convention1963has been unable to cover a seriesof new problems appeared in modern society. Combined with the conventionit had some defects when enacted, so the review of powers of the civilaircraft commander is highly realistic significance.This thesis is mainly divided into three chapters, using a combinationof a comparative method, case analysis method and literature analysismethod. It introduces aircraft commander’s legal origin and content basedon formulating its nature, and analyzes relationships between powers ofthe civil aircraft commander and the air marshals, crew and passengers’ powers(rights) in order to ease the conflict. This thesis aims to developpowers of the civil aircraft commander under Chinese law by analyzing thelatest international legislation and domestic laws throughout the fulltext.The first chapter discusses the basic theory of powers of the civilaircraft commander in detail, including its nature, legal source andcontent. First of all, on the basis of previous studies, this thesiscontinues to discuss the nature of powers of the civil aircraft commander,supporting the theory that the legal status of the civil aircraftcommander is a private administrative subject, and concluding powers ofthe civil aircraft commander is a kind of public power according to thelegislative practice. Secondly, this thesis introduces its legal source,including the source of international law and domestic law. Internationallaw included the earliest and the latest provisions and the developmentof judicial precedent. Domestic law introduced relevant provisions andtypical cases of the United States and China. Finally, this thesiscombines the Tokyo convention in1963and domestic laws to analyze thecontent of powers of the civil aircraft commander, making its applicablescope clear both in space and time.The second chapter discusses relationships between powers of thecivil aircraft commander and the air marshals, crew and passengers’ powers(rights) on the basis of nature of public power in order to ease theconflict. This thesis mainly analysis methods is defining the naturebetween the two as a starting point, and then come to a conclusion basedon the relevant international conventions and domestic laws in order tosolve the conflict problems.The third chapter provides substantive suggestions in view of theabove proposed by Chinese problems both in legislation and law enforcement,basing on the latest international legislation and the existing legal framework in some countries relating to powers of the civil aircraftcommander.
Keywords/Search Tags:Tokyo Convention, Powers of the Civil AircraftCommander, Powers of the Civil Aircraft Commander and the AirMarshal, Powers of the Civil Aircraft Commander and thePassenger’s Rights
PDF Full Text Request
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