论2014年《蒙特利尔议定书》对1963年《东京公约》的修订

鉴于对航空器安全及机上人员财产安全的关切和对遏止机上非循规与扰乱行为的关注,经数年努力,修订1963年《东京公约》(即《关于在航空器上犯罪和犯有某些其他行为的公约》)的《蒙特利尔议定书》于2014年4月在国际民航组织主持召开的国际航空法外交会议上审议通过。该议定书在适用范围规则、刑事管辖权规则与飞行安保员规则等三方面对《东京公约》作出重要变更,其努力值得肯定。然而,对议定书与《东京公约》的对比分析和对议定书约文本身的详细考察均显示,议定书对《东京公约》的几项主要修订尚欠成熟,且存在不容忽视的问题与缺陷,势必影响其目的的实现。《蒙特利尔议定书》对《东京公约》的修订并未取得令人满意的效果,其生效前景也不容乐观。

On the Amendment of the Tokyo Convention of 1963 by the Montréal Protocol of 2014

As nations have expressed their concern about the safety of the aircraft and of persons or property therein, and have manifested their desire to curb unruly and disruptive behaviors on board aircraft, through several years of effort, the Montréal Protocol to amend the Tokyo Convention of 1963 (Convention on Offences and Certain Other Acts Committed on Board Aircraft) has been adopted at the International Air Law Conference held under the auspices of ICAO in April 2014. The Montréal Protocol has momentously modified the Tokyo Convention in respect of the application scope of the Convention, the jurisdiction rules regarding to competence of exercising jurisdiction over offences and acts committed on board aircraft, and the rules regarding to the In-flight Security Officers (IFSOs). The effort of making these amendments is valuable, in spite of that, comparative analysis of the provisions of the Montréal Protocol and the Tokyo Convention, and detailed examination of the provisions of the Protocol itself, both indicate that the amendment made by the Protocol is not mature enough and has non-ignorable flaws. The Montréal Protocol of 2014 is a dissatisfactory legal instrument and is hardly to entry into force in the near future.