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10

Applications of the Rules

Let us now look to the practical application of these international rules with this hypothetical situation:

Assume that a Canadian jet transport crashes near Tokyo, Japan and there are no survivors. Assume further that:

The aircraft and engines were manufactured in the United States;

The crew and aircraft were certified by Canada;

The aircraft was owned and operated by a Canadian Corporation;

Deceased passengers were citizens of Canada, England, United States, Japan and Mexico.

Query?

(1) Have Canada, England or the United States any right to enter Japanese territory to investigate the cause due to the death of their citizens?

(2) The wrecked aircraft is the private property of a Canadian corporation. Can it be claimed immediately by the owner?

(3) Does Canadian certification of the crew invest Canada with a right or duty to investigate the crew's performance?

(4) Since the U.S. manufacturer may be sued if design defects or manufacturing negligence are discovered, has that nation any right to investigate the accident?

Short Answers:

(1) The accident occurred in Japan; therefore, only representatives of Canada as the Nation of Registry