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sal interest is that any state apprehending the alleged pirate for this purpose. Under Article 22(1) (b) of this Conven-
outside the territory of any other state, that is, upon the tion, a warship may board a foreign merchant vessel on
1 high seas, may exercise prescriptive and enforcement ju- the high seas ifthere is reasonable grounds for suspecting
risdiction over him. 136 that the latter is engaged in the slave trade.
(2) Certain other crimes are universally, or almost (3) In addition to slave trade, traffic in women for
universally, condemned and made the subject of prostitution, traffic in narcotic drugs, and war crimes have
multilateral international conventions aimed at their been the subject of similar universal condemnation.
elimination. Theseinclude the slave trade, to which Arti- However, with the possible exception of war crimes,
cle 13 of the Convention on the High Seas 137 makes universal interest in the suppression of slavery and these
reference. This particular provision commits the parties to other crimes has not as yet been carried to the point of
this Agreement to adopt effective measures to prevent recognition either in customary law or in international
and punish the transport of slaves in vessels authorized to agreements, of the principle of universal jurisdiction that
fly their flags and to prevent the unlawful use of their flags obtains in the instance of piracy. 138
Section 11. CASES OF MULTIPLE JURISDICTION
4-10. General. As indicated by the preceding discussion to exercise jurisdiction on the basis of the passive per-
of the various jurisdictional theories, there do arise cases sonality theory. In most instances of dual jurisdiction, the
of dual or multiple jurisdiction. For example, if an Italian state having the accused in custody will exercise jurisdic-
citizen commits murder in the United States, the U.S. tion over him. This, as noted above, results from the fact
may exercise jurisdiction on the basis of the territorial that, subject to specific agreement, the police of one state
theory, while Italy may claim jurisdiction on the basis of may not legally exercise their authority in the territory of
either the nationality or universalityconcept. The jurisdic- another. This general rule is, of course, subject to treaties
tional complexities can be even further multiplied if the of extradition and other agreements arrived at between
accused has dual nationality, that is, if he has both Italian states on the diplomatic level.
and Greek citizenship. Finally, still another state may seek
Section 111. JURISDICTION OVER AIRCRAFT AND SPACE VEHICLES
4-11. Jurisdiction Over National Aircraft and Space c. Scope of Jurisdiction Over National Aircraft, Space
Vehicles. a. General. When the twentieth century began, Vehicles, and Persons Thereon.
the techniques of fight and space exploration were CONVENTION ON INTERNATIONAL CIVIL AVIATION
drnost all in the future. Little in the way of positive law Sied at Chicago, December 7, 1944
existed for the regulation of the technology that exploded 61 Stat. 1180,T.I.A.S. 1591, 15 U.N.T.S. 295
in the fust decade of the century. It is instructive to ob- Art.12.Each contracting State undertakes to adopt measures to in-
serve the ways in which international.law has been created sure that every aircraft flying over or maneuvering within its territory
by a process that either anticipated changes and that every aircraft canying its nationality mark, wherever such
or reacted to events that have not been foreseen. aircraft may be, shall comply with the rules and the regulations relating
to the flight and maneuver of aircraft there in force. Each contracting
b. Nationality of aircraft and space vehicles. State undertakes to keep its own regulations in these respects uniform,
to the greatest possible dxtent, withthose established from time to time
CONVENTION ON INTERNATIONAL CNIL AVIATION
Signed at Chicago, December 7, 1944
136. On piracy, see generally. Harvard Research in International
61 Stat. 1180,T.I.A.S. 1591, 15 U.N.T.S. 295
Law,Piracy, 26 Am. J. Int'l L. Supp. 739 (1932); Lenior, Piracy Cases
Art. 17.Aircraft have the nationality of the State in which they are in the Supreme Court, 25 J. Crim. L. and Crimir 532 (1934); Johnson,
registered. Piracy in ~odern International Law, 43 ~rans.-Grot. Soc j, 63 (1 957);
Art. 18.An aircraft cannot be validly registered in more than one the municipal law of a number of states provides for the punishment of
State, but its registration may be changed from one State to another. so-called delicta juris gentium other than piracy on the same basis as the
Art. 19.The registration or transfer of registration of aircraft in any latter. See Harvard Research, Criminal Jurisdiction, supra, note 51 at
contracting State shall be made in accordance with its laws and regula- 569-72.
tions. 137. Hi Seas Convention, supra, note 130.
138. A strong argument exists that S@IC provisions of each of the
l7 and l9 of the Chiago Convention are
as that law regards &Ich four 1949 Geneva Conventions, to which reference was made in
chapter I, establish a "universal" jurisdiction on the part of signatories
state's of its nationality to aircraft as con- over "grave breaches" of the Conventions. Each Convention contains
chive. 139 Earlier aviation agreements had contained similar articles to this effect. In the Geneva Convention Relative to the
similar provisions. Whether articles 17 and 19 of the Treatment of Prisoners of War, these articles 129-131.See D.A. Pam
chicaso convention and COTTesponding provisions of 27-1,Treaties Governing Land WaLre (Decembn 195b).
earlier agreements merely codify rules that would be bind- 139. See, e.g., M. McDougal, Space Law, supra, note 39at 552-54
(1963).
ing as customary international law in the absence of agree- 140. Compare, e.g., id. at 553-54,with B. Cheng, The Law of In-
ment is a question still under debate. 140 ternational Air Transport 130-31 (1962).