Civil Aviation Civil Aviation ConventionsConventions

Convention for the Unification of Certain Rules

Relating to International Carriage by Air

Warsaw Convention

an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward.

Warsaw Convention

In particular, the Warsaw Convention:mandates carriers to issue

passenger ticketsrequires carriers to issue baggage checks for checked luggage;creates a limitation period of 2 years within which a claim must be brought (Article 29); and

limits a carrier's liability to at most:

250,000 Francs or 16,600 special drawing rights (SDR) for personal injury;17 SDR per kilogram for checked luggage and cargo, or US$20 per kilogram for non-signatories of the amended Montreal Convention.5,000 Francs or 332 SDR for the hand luggage of a traveler.

Clauses 17 and 18 of the Warsaw Convention

Warsaw ConventionAirline companies are liable

for any damage that occurs to passengers or their belongings during in-flight.

Airline companies will not be held responsible if the damage results from the passenger's own fault or one of their temporary servants such as doctors assisting ill passengers on their own initiative.

As of 2013, the Warsaw Convention had been ratified by 152 states. The Protocol to the Convention had been ratified by 137 states.

Chicago Convention

The Convention on International Civil Aviation

Chicago Convention• establishes the International

Civil Aviation Organization (ICAO)

• establishes rules of airspace and aircraft registration and safety

• details the rights of the signatories in relation to air travel

• exempts air fuels from tax

As of 2013, the Chicago Convention has 191 state parties, which includes all member states of the United Nations—except Dominica, Liechtenstein, and Tuvalu—plus the Cook Islands.

• established the rights of signatory states over their territorial airspace, and laid down the basic principles relating to international transport of dangerous goods by air

• provides freedoms 1 and 2

Convention on Offences and Certain Other Acts Committed on Board Aircraft

Tokyo Convention

Tokyo Convention• an international treaty,

concluded at Tokyo on 14 September 1963. It

• entered into force on 4 December 1969As of 2013, it has been ratified by 185 parties.

• is applicable to offences against penal law and to any acts jeopardizing the safety of persons or property on board civilian aircraft while in-flight and engaged in international air navigation.

• recognizes certain powers and immunities of the aircraft commander who on international flights may restrain any person(s) he has reasonable cause to believe is committing or is about to commit an offence liable to interfere with the safety of persons or property on board or who is jeopardizing good order and discipline.

Convention for the Suppression of Unlawful Seizure of Aircraft

The Hague Convention

The Hague Convention• regards the hijacking of

aircraft, calling for it to be an extraditable offense among member countries.

“a State is obliged, whether or not it is the State of registration, to take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him”

• The Convention requires any Contracting State in which the aircraft or its passengers or crew are present to facilitate the continuation of the journey of the passengers and crew as soon as possible and to return the aircraft and its cargo to the persons lawfully entitled to possession without delay.

Convention for the Unification of Certain Rules for International Carriage

by Air

Montreal Convention

Montreal Convention• multilateral treaty adopted by a

diplomatic meeting of ICAO member states in 1999

• amended important provisions of the Warsaw Convention's regime concerning compensation for the victims of air disasters

• protects passengers by introducing a two-tier liability system and by facilitating the swift recovery of proven damages without the need for lengthy litigation

• re-establishes uniformity and predictability of rules relating to the international carriage of passengers, baggage and cargo.

• was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.

Unlawful Interference and General Risks Convention

Rome Convention

Rome ConventionUnlawful Interference General Risks• applies to damage to third

parties which occurs in the territory of a State party caused by an aircraft in flight as a result of an act of unlawful interference when the operator is based in another State

• applies to damage to third parties in a non-State party where the operator causing the damage was from a State party

• the operator is strictly liable for the damage sustained by the third party caused by an aircraft in flight; the third party does not need to prove the airline was at fault

• applies to damage to third parties occurring in the territory of a State party caused by an aircraft in flight, other than as a result of an act of unlawful interference, when the operator is based in another State party

• operator is strictly liable up to a threshold tentatively set at SDR 250,000 to SDR 500,000 per claimant

• operator is liable for all damage in excess of this limit unless it can prove that such da

• damage was solely due to the negligence of another party

Convention on the International Recognition of Rights in Aircraft

Geneva Convention

Geneva Convention• to facilitate the financing for the

purchase of aircraft employed The main characteristics of the Convention are the following:

the protection of secured creditors who lend money on the security of aircraft

the protection of third parties dealing in or with aircraft against hidden charges

the definition and protection of privileged and priority claims against aircraft

the facilitation of the transfer of aircraft from one nationality to another.

Unification of Certain Rules Relating to International Carriage by Air Performed

by a Person other than the Contracting

CarrierGuadalajara Convention

Guadalajara Convention• aims to cover such

arrangements as leasing, chartering, code-sharing and interlining

The passenger is entitled to claim against either or both the actual or contracting carrier for bodily injury, loss or damage to baggage and cargo or for delay

• Entered into force: 1 May 1964 • Total ratifications: 82