30 Dec “Completely eliminate

8.4 – Web Search: International Law and Aviation

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Finally, we come to international law. Although the texts provide a decent amount of information relating thereto, there is, aside from the passing reference made in Jennings (“The Warsaw Convention is a treaty that provides international law on the issues of liability for injuries to passengers and property during international air travel,” p. 21), pretty much a dearth of other information regarding international law as it relates to aviation.

First, before a nation can do much else regarding aviation, it must have sovereignty over its air space. This can be viewed as an inherent right of nationhood, but the international convention formally granting recognition of this fact was the Paris Convention (technically, it has other designations, but this is the most commonly used shorthand designation), signed 13 October 1919. Where in the U.S. Code does the United States claim such right to sovereignty and use of airspace?

Another major issue is that of air carrier liability. This matter was initially addressed in the Warsaw Convention, signed 12 October 1929. While this convention also addresses other issues (e.g., waybills, etc.), of primary interest here is the matter of liability of air carriers for injury/damage to people/baggage. The liability limit for personal injury/death in that agreement was to be 125,000 French francs, which equates to approximately how much in U.S. dollars (this is available in the Warsaw Convention, appearing in the information after the language in 49 U.S.C. § 40105)? Additionally, the only way for a passenger to avoid these liability limits (i.e., recover more than that set limit) would be if it could be proven that there had been “ willful misconduct” by the air carrier. In which article of the Warsaw Convention does this provision appear?

There is some confusion as to whether, and how much, of the Warsaw Convention the U.S. ratified. What is not uncertain is the fact that the U.S. was not happy with this liability limit amount and immediately began maneuvering to obtain increased liability amounts for U.S. citizens injured/killed in international air carrier occurrences (an interesting ethical discussion could be had here as to whether it is just/fair to deem U.S. citizens of intrinsically greater monetary value than those of other nations?). Although the 1955 Hague Protocol to the Warsaw Convention approximately doubled this liability amount, this increase was still deemed insufficient and the United States did not then ratify the Hague Protocol. Despite its inability to get other countries to accede to its wishes, eventually the U.S. was able, in 1966, to have many air carriers (as distinct from other countries/nations, and thus not a part of the Warsaw Convention) agree to the Montreal Agreement, whereby these air carriers agreed to a $75,000 value limit (or $58,000 exclusive of legal fees) on injuries/deaths for flights departing from/stopping in the U.S. Subsequently, in 1996, a Kuala Lumpur agreement, again between the air carriers and the U.S., waived the liability limits. Finally, a Montreal Protocol (here, once more between nations/countries), was signed on 28 May 1999.

This Montreal Protocol, in the words of then Transportation Secretary Norman Mineta, would:

“Completely eliminate the Warsaw Convention’s limits on airlines’ liability for death or injury to international passengers.

Allow lawsuits in cases of passenger deaths or injuries to be brought in the country of the passenger’s principal and permanent residence.

Provide for liability regardless of the carrier’s fault up to approximately $139,000, with no limit on recoveries above that amount for proven damages.”

Answer this question: Did the U.S. Senate ratify or consent to this treaty, and, if so, when? Discuss. To find out, go to loc.gov (Links to an external site.)Links to an external site.. Once there, in the column appearing on the left side click on the “ Treaties” option. Then search for the Montreal Protocol in aviation treaties.