Pranay Bali & Mihika Gupta from National Law University, Jodhpur, analyse the introduction of the Montreal Protocol and its need.

Abstract

The increasing frequency of air traffic brings with it fresh challenges which need to be analysed with the existing laws. Keeping this in mind the Montreal Protocol 2014 was
developed as an amendment to the Tokyo convention of 1963, on offences and certain other acts on-board an aircraft. This paper analyses the introduction of the new provisions in the protocol and the need for the same. Specifically, it first identifies the various jurisdictional limits of the convention, and what bearing the new protocol will have on the exercise of jurisdiction by affected nations. Second, it discusses the increasing importance of In-Flight Security Officers with respect to the problems related to unruly passengers, and how the amended convention provides for the same, throwing new light in this regard. In this context, the loopholes in the original convention of 1963 are identified, and the improvements made by the amendment to the preventive mechanism of aviation security are analysed.