What happens if you misbehave in the air, on an aeroplane, and on international waters?

What law applies when someone misbehaves in the air or in international waters? Or worse, are we really just a few miles from kayaking to a lawless ocean where we are not bound by law?  To answer these questions, we must turn to Aviation Law and Maritime (or Admiralty) Law.  

Aviation law 

As the name suggests, Aviation Law deals with flight, air travel and the operation of airlines, e.g. aeroplane regulations, liabilities, and even the price of tickets.  

The first-ever Aviation Law was enacted in Paris in 1784, one year after the first hot air balloon flight. The UK followed by enacting the Air Navigation Act in 1920.  

So, what law applies when someone misbehaves, say, assaulting a member of the cabin crew? The country’s domestic law is usually applied where the airline is registered, for example, in the UK, British Airways, Ryanair, or easyJet. The country’s domestic law will also be relevant if the aeroplane is still on the soil thereof.   

Maritime (or Admiralty) law 

Maritime law, or Admiralty law, is the law governing marine commerce, marine navigation, pollution, and sailor employment, etc. However, when international water comes into question, international maritime law pervades. It is established through agreed-upon treaties and conventions and covers matters such as the boundaries of international waters, the right of ships to navigate, and fishing rights. 

Turning back to the question, are we bound by law in international waters? The answer is, unfortunately, yes.  

Using a more severe offence this time, murder, what would happen if one murders on international waters? The flag state of the vessel where the offence occurred will determine which country’s law is to be applied. A flag state is the country where a ship is registered, and that country’s laws apply to the ship, almost like the ship is a ‘floating piece’ of that nation.   

However, it is possible that the flag state is not willing to pursue legal action. Then, international agreements and conventions, such as the United Nations Convention on the Law of the Sea, may be referenced. Or there are multiple countries involved, and they all want jurisdiction, then it will involve negotiation between them. 

So, is it a complete no-go for a criminal to attempt to commit a crime on international waters? No, there are ways to circumvent certain laws. As it is a legal requirement for a ship to choose its flag state, the shipowner or the operating company can decide where to register it. By picking a country with fewer regulations, perhaps on safety or labour, one can reduce scrutiny and maybe do things that are not allowed if registered under another country. However, murder is strictly out of the question as it is an offence in all countries. 

In conclusion, while the skies and seas may seem like ungoverned spaces, both aviation and maritime law ensure that order is maintained. Whether on a plane or a ship, domestic and international laws apply, meaning no one can truly escape the law. So, if you are currently planning a murder on your next cruise trip, perhaps try doing it another way.