IDEAS home Printed from https://ideas.repec.org/a/spr/jtrsec/v11y2018i1d10.1007_s12198-018-0189-x.html
   My bibliography  Save this article

Corporate criminal liability in the realm of aviation security: the 2010 BEIJING convention in focus

Author

Listed:
  • Mustapha Ismail Adua

    (University of Ilorin)

  • Oba Yusuf Abdul-Hamid

    (University of Ilorin)

Abstract

The most important reason for the establishment of the International Civil Aviation Organization (ICAO) in 1943 is to adopt measures, practices and procedures to secure international civil aviation against unlawful interference. This objective has been the module oparandi of the ICAO in order not to disappoint the international community. Thus, starting from 1963 to date various international instruments on aviation security have been adopted by the international community under the ICAO auspices to secure international civil aviation. The ICAO adopted a new Convention in 2010 to deal with the old and new threat of aviation terrorism. The provision relating to the liability of corporate legal entity is captured for the purpose of prosecuting any corporate legal entity that complicit in any of the act of unlawful interference with civil aviation. This article intends to critically analyse the actual provision of the Convention on the criminal liability of a corporate legal entity, and to determine the reason behind the inclusion of this provision in the Convention. The paper further examines the form of punishments that may be imposed on an erring corporate legal entity for its participation in any unlawful interference with civil aviation. The paper advocates for the imposition of punishment such as dissolution of company, corporate lockup, fine and adverse publicity of corporate wrongdoing as form of punishments against any legal entity for committing any unlawful act.

Suggested Citation

  • Mustapha Ismail Adua & Oba Yusuf Abdul-Hamid, 2018. "Corporate criminal liability in the realm of aviation security: the 2010 BEIJING convention in focus," Journal of Transportation Security, Springer, vol. 11(1), pages 53-63, June.
    • Handle: RePEc:spr:jtrsec:v:11:y:2018:i:1:d:10.1007_s12198-018-0189-x
    DOI: 10.1007/s12198-018-0189-x
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s12198-018-0189-x
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.
    File URL: https://libkey.io/10.1007/s12198-018-0189-x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Polinsky, A. Mitchell & Shavell, Steven, 1984. "The optimal use of fines and imprisonment," Journal of Public Economics, Elsevier, vol. 24(1), pages 89-99, June.
    2. Karpoff, Jonathan M & Lott, John R, Jr, 1993. "The Reputational Penalty Firms Bear from Committing Criminal Fraud," Journal of Law and Economics, University of Chicago Press, vol. 36(2), pages 757-802, October.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Earnhart, Dietrich, 1999. "Multiple Penalty Mechanisms in a Principal-Agent Model under Different Institutional Arrangements," Journal of Comparative Economics, Elsevier, vol. 27(1), pages 168-189, March.
    2. Funk, Patricia, 2004. "On the effective use of stigma as a crime-deterrent," European Economic Review, Elsevier, vol. 48(4), pages 715-728, August.
    3. Franco Mariuzzo & Peter Ormosi & Zherou Majied, 2019. "Public and reputational sanctions: The case of cartels," Working Paper series, University of East Anglia, Centre for Competition Policy (CCP) 2018-06v3, Centre for Competition Policy, University of East Anglia, Norwich, UK..
    4. Mariuzzo, Franco & Ormosi, Peter L & Majied, Zherou, 2020. "Fines and reputational sanctions: The case of cartels," International Journal of Industrial Organization, Elsevier, vol. 69(C).
    5. M. Martin Boyer, 2007. "Resistance (to Fraud) Is Futile," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 74(2), pages 461-492, June.
    6. Dendi Ramdani & Arjen Witteloostuijn, 2012. "The Shareholder–Manager Relationship and Its Impact on the Likelihood of Firm Bribery," Journal of Business Ethics, Springer, vol. 108(4), pages 495-507, July.
    7. Imrohoroglu, Ayse & Merlo, Antonio & Rupert, Peter, 2000. "On the Political Economy of Income Redistribution and Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 41(1), pages 1-25, February.
    8. Ahlin, Christian & Kim, In Kyung & Kim, Kyoo il, 2021. "Who commits fraud? evidence from korean gas stations," International Journal of Industrial Organization, Elsevier, vol. 76(C).
    9. Cowan, Arnold R. & Salotti, Valentina, 2020. "Anti-selective disclosure regulation and analyst forecast accuracy and usefulness," Journal of Corporate Finance, Elsevier, vol. 64(C).
    10. Ghulam Shabbir & Mumtaz Anwar & Shahid Adil, 2016. "Corruption, Political Stability and Economic Growth," The Pakistan Development Review, Pakistan Institute of Development Economics, vol. 55(4), pages 689-702.
    11. Carole Billiet & Sandra Rousseau, 2014. "How real is the threat of imprisonment for environmental crime?," European Journal of Law and Economics, Springer, vol. 37(2), pages 183-198, April.
    12. Bowles, Roger & Faure, Michael & Garoupa, Nuno, 2000. "Economic analysis of the removal of illegal gains," International Review of Law and Economics, Elsevier, vol. 20(4), pages 537-549, December.
    13. Waldfogel, Joel, 1995. "Are Fines and Prison Terms Used Efficiently? Evidence on Federal Fraud Offenders," Journal of Law and Economics, University of Chicago Press, vol. 38(1), pages 107-139, April.
    14. James Malm & Marcin Krolikowski, 2017. "Litigation risk and financial leverage," Journal of Economics and Finance, Springer;Academy of Economics and Finance, vol. 41(1), pages 180-194, January.
    15. Basnet, Anup & Davis, Frederick & Walker, Thomas & Zhao, Kun, 2021. "The effect of securities class action lawsuits on mergers and acquisitions," Global Finance Journal, Elsevier, vol. 48(C).
    16. Malm, James & Soyeh, Kenneth W. & Kanuri, Srinidhi, 2023. "Litigation risk and corporate performance," Journal of Behavioral and Experimental Finance, Elsevier, vol. 37(C).
    17. Arena, Matteo P. & Ferris, Stephen P., 2018. "A global analysis of corporate litigation risk and costs," International Review of Law and Economics, Elsevier, vol. 56(C), pages 28-41.
    18. Kantorowicz-Reznichenko Elena, 2015. "Day-Fines: Should the Rich Pay More?," Review of Law & Economics, De Gruyter, vol. 11(3), pages 481-501, November.
    19. Humphery-Jenner, M., 2011. "Internal and External Discipline Following Securities Class Actions," Discussion Paper 2011-044, Tilburg University, Center for Economic Research.
    20. Chiu, W. Henry & Madden, Paul, 1998. "Burglary and income inequality," Journal of Public Economics, Elsevier, vol. 69(1), pages 123-141, July.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:spr:jtrsec:v:11:y:2018:i:1:d:10.1007_s12198-018-0189-x. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.