International Conventions
International Conventions
Conventions
Convention for the Unification of Certain Rules
Relating to International Carriage by Air
Warsaw Convention
Warsaw Convention
an international convention which limits a carrier's liability to at
regulates liability for international most:
carriage of persons, luggage or goods 250,000 Francs or
performed by aircraft for reward. 16,600 special drawing
rights (SDR) for personal
injury;
In particular, the Warsaw Convention: 17 SDR per kilogram for
mandates carriers to issue passenger checked luggage and
tickets cargo, or US$20 per
requires carriers to issue baggage kilogram for non-
checks for checked luggage; signatories of the
creates a limitation period of 2 years amended Montreal
within which a claim must be brought Convention.
(Article 29); and 5,000 Francs or 332 SDR
for the hand luggage of a
traveler.
Warsaw Convention
Clauses 17 and 18 of the Warsaw Convention
Airline 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.
The Convention on International Civil Aviation
Chicago Convention
Chicago Convention
• establishes the International Civil • established the rights of
Aviation Organization (ICAO) signatory states over their
• establishes rules of airspace and territorial airspace, and laid
aircraft registration and safety down the basic principles
• details the rights of the signatories in relating to international
relation to air travel transport of dangerous
• exempts air fuels from tax goods by air
• provides freedoms 1 and 2
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.
Convention on Offences and Certain
Other Acts Committed on Board Aircraft
Tokyo Convention
Tokyo Convention
• an international treaty, concluded at • recognizes certain powers and
Tokyo on 14 September 1963. It immunities of the aircraft
• entered into force on 4 December commander who on
1969 international flights may
As of 2013, it has been ratified by 185 restrain any person(s) he has
parties. reasonable cause to believe is
committing or is about to
• is applicable to offences against penal commit an offence liable to
law and to any acts jeopardizing the interfere with the safety of
safety of persons or property on persons or property on board
board civilian aircraft while in- or who is jeopardizing good
flight and engaged in international air order and discipline.
navigation.
Convention for the Suppression of
Unlawful Seizure of Aircraft
Montreal Convention
Montreal Convention
• multilateral treaty adopted by a • re-establishes uniformity and
diplomatic meeting of ICAO member predictability of rules relating
states in 1999 to the international carriage
• amended important provisions of of passengers, baggage and ca
the Warsaw Convention's regime rgo.
concerning compensation for the • was brought about mainly to
victims of air disasters amend liabilities to be paid to
• protects passengers by introducing a families for death or injury
two-tier liability system and by whilst on board an aircraft.
facilitating the swift recovery of proven
damages without the need for lengthy
litigation
Unlawful Interference and
General Risks Convention
Rome Convention
Rome Convention
Unlawful Interference General Risks
• applies to damage to third parties • applies to damage to third
which occurs in the territory of a parties occurring in the
State party caused by an aircraft in territory of a State party
flight as a result of an act of unlawful caused by an aircraft in flight,
interference when the operator is other than as a result of an act
based in another State of unlawful interference, when
• applies to damage to third parties in the operator is based in
a non-State party where the another State party
operator causing the damage was • operator is strictly liable up to
from a State party a threshold tentatively set at
• the operator is strictly liable for the SDR 250,000 to SDR 500,000
damage sustained by the third party per claimant
caused by an aircraft in flight; the • operator is liable for all
third party does not need to prove damage in excess of this limit
the airline was at fault 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 Carrier
Guadalajara Convention
Guadalajara Convention
• aims to cover such arrangements as
leasing, chartering, code-sharing and
interlining