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Old 9th June 2008, 09:05 PM
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Philip Argy Philip Argy is offline
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Default The law of the aircraft in flight

For the most part the aircraft is subject to the law of the jurisdiction whose airspace it occupies. So, for example, a murder committed on a QF sector between LAX and JFK would be governed by the criminal law of the state over which the aircraft was flying at the time the offence was committed. If this could not be ascertained US federal law would apply in respect of a crime committed on an aircraft.

The position is different over international waters where no jurisdiction has any particular nexus claim. In those circumstances, as is the case also with ships and spacecraft, the flag carrier jurisdiction applies.

Overlay all this with various international conventions that govern specifics like what law applies to a satellite in geostationary orbit, what law governs contracts made on a ship or aircraft, what law governs liability for aircraft accidents, etc.
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