Aircraft Law: Liability

Aircraft Law: Liability


     The problems regarding aircraft liability in the international realm

primarily relate to resolving issues of  legal status of international airline

passengers and cargo.  The issues are defined as follows: sovereignty over

airspace, the impact of aerospace craft on the environment, the role of

aerospace technology in the international system, weather modification, air

safety and international aviation relations.  Remarkable growth and development

in the range of air transport services and technology earned  the sector a

distinctive international character.  The latter is the most outstanding feature

of the industry which allowed "every part of the world [to be reached] within a

few hours of every other and, in doing so … brought about a revolution in world

trade, in business contacts, and in methods of diplomacy." (1)

     The principles of air law have been evolving at a rapid pace since the

beginning of the Twenty-first Century, however,  they also remain inadequate to

meet the needs of contemporary society.  Concern for this immense growth and the

accompanying implications produced the impetus to devise a means to ensure

orderly and appropriate development.  Thus, "The general policy of the world

community  in regard to emerging issues of air law demands the maintenance and

promotion of a balance between technological advance in aviation and the

preservation of a wholesome environment by providing adequate policies and

prescriptions." (2)

     The initial governing treaty passed in 1929  is known as the Warsaw

Convention.  This is a multilateral treaty among nations that governs

international air transportation.  It was based on the idea that because

aviation was in its infancy, there was a risk of destroying the carrier airline

if there was a major crash.  Therefore, it limits the liability for carriers.

Unfortunately, this treaty also limited the liability for damages to injured

persons.  Because of the latter clause, the U.S. renounced its participation and

proceeded to join the international aviation community in entering into the

Montreal Agreement of 1965.

     The Montreal Agreement was a special contract authorized by the Warsaw

Convention which states that the parties can agree to engage in certain

activities only if there is a consensus.   The agreement also raised the

limitation of liability, instituted absolute liability for any accident, and

developed a criteria for recovery for which the injured party has to prove that

the carrier was guilty of willful misconduct.  This agreement only applies to

flights that start, stop or end or those which  connect with an itinerary that

stops, starts or ends in the United States. (3)

     A third and more comprehensive convention was the Convention on

International Civil Aviation of 1944 also known as the Chicago Convention.  This

convention set out the general principles of international civil aviation and

established a framework of international coordination, cooperation and

regulation of services.   It also addressed non-agenda items such as the

technical aspects of air transportation affecting the environment  including

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