8.4 – Web Search: International Law and Aviation
8 8 unread replies. 10 10 replies.
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.
