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Kamolpraimpna

France.  08 June 1971 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Relation to municipal law — Treaties — Whether international treaty takes precedence over subsequently enacted provisions of municipal law — Relevance of categorization of municipal legislation as matter of public policy in forum State — ‘Special cases’ exempted by international convention from the application of its provisions — Whether designation of such cases a matter for the discretion of the municipal authorities — Chicago Convention on International Civil Aviation, 1944, Article 35, Annex 9 — The law of France

Jurisdiction — In general — Territorial — Over territory in general and persons and property situated therein — Baggage in transit at international airport — Whether any right of search — Whether travellers liable to prosecution for failure to declare contents of such baggage — Chicago Convention on International Civil Aviation, 1944, Article 35 and Annex 9 — The law of France

Treaties — Conclusion and operation of — Operation and enforcement — Necessity for municipal legislation — Annexes to international conventions promulgated after their entry into force — Whether enforceable in municipal courts without additional enabling legislation — Chicago Convention, 1944, Annex 9 — The law of France

Treaties — Conclusion and operation of — Effect of municipal legislation — Whether subsequently enacted municipal legislation overrides existing international convention — Relevance of categorisation of municipal legislation as matter of public policy in forum State — ‘Special cases’ exempted by Convention from application of its provisions — Whether designation of such cases a matter for discretion of municipal authorities — Annex to Convention promulgated after its entry into force — Whether enforceable under municipal law without additional enabling legislation — Chicago Convention on International Civil Aviation, 1944, Article 35 and Annex 9 — Jurisdiction over territory and persons and property situated therein — Baggage in transit at international airport — Whether any right of search — Whether travellers liable to prosecution for failure to declare contents of such baggage — The law of France

Type
Case Report
Copyright
© Cambridge University Press 1987

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