The Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air) is a
multilateral treaty
A multilateral treaty is a treaty to which two or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Examples of multilateral treaties include the C ...
adopted by a diplomatic meeting of
ICAO
The International Civil Aviation Organization (ICAO, ) is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international ...
member states in 1999. It amended important provisions of the
Warsaw Convention
The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or ...
's regime concerning compensation for the victims of air disasters. The Convention attempts to re-establish uniformity and predictability of rules relating to the international carriage of
passenger
A passenger (also abbreviated as pax) is a person who travels in a vehicle, but does not bear any responsibility for the tasks required for that vehicle to arrive at its destination or otherwise operate the vehicle, and is not a steward. Th ...
s,
baggage
Baggage or luggage consists of bags, cases, and containers which hold a traveler's personal articles while the traveler is in transit. A modern traveler can be expected to have packages containing clothing, toiletries, small possessions, trip ...
and cargo. Whilst maintaining the core provisions which have served the international
air transport
Aviation includes the activities surrounding mechanical flight and the aircraft industry. ''Aircraft'' includes fixed-wing and rotary-wing types, morphable wings, wing-less lifting bodies, as well as lighter-than-air craft such as hot a ...
community for several decades (i.e., the Warsaw regime), the treaty achieves modernization in a number of key areas. It protects passengers by introducing a two-tier liability system that eliminates the previous requirement of proving willful neglect by the air carrier to obtain more than US$75,000 in damages, which should eliminate or reduce protracted litigation.
[A 73-Year Odyssey: The Time Has Come For a New International Air Liability System](_blank)
Damages
Under the Montreal Convention, air carriers are
strictly liable for proven damages up to 128,821.00
special drawing rights
Special drawing rights (SDRs, code ) are supplementary foreign exchange reserve assets defined and maintained by the International Monetary Fund (IMF). SDRs are units of account for the IMF, and not a currency ''per se''. They represent a claim ...
(SDR), a mix of currency values established by the
International Monetary Fund
The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster glob ...
(IMF) equal to roughly US$175,000. Where damages of more than 128,821.00 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable solely to the negligence of a third party. This defense is not available where damages of less than 128,821.00 SDR are sought. The Convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry
liability insurance.
The main goal of the Montreal Convention was to increase available damages in relation to death or injury of passengers from the limited and outdated limits under the Warsaw/Hague Convention.
No compensation purely for psychiatric injury
The Convention does not recognize compensation for psychiatric injury or damage unless linked to physical injury. Article 17 of the Convention refers to "bodily injury" in setting out the liability of the carrier for accidents. Purely psychiatric injury is not eligible for compensation which has been criticised by people injured in plane accidents, legal experts
and their families.
Australia
Australia amended its law to adopt concepts in the Montreal Convention including:
* the removal of references to ‘personal injury’ and replaced with ‘bodily injury’ under the CACL Act
to ensure consistency with the 1999 Montreal Convention concerning international flights;
* the preclusion of potential claimants from claiming compensation for mental injuries where that person has not suffered additional personal or property damage
Independent Australian senator Nick Xenophon will introduce a private member's bill into the Australian Parliament in May 2015 which will seek to protect the rights of plane crash survivors to be compensated for psychological trauma.
Leading Australian current affairs TV show 4 Corners on the government owned broadcaster ABC, broadcast a program
focusing on the unfairness and injustice of excluding psychiatric injury on March 23, 2015 featuring Karen Casey, a nurse injured when the medical evacuation flight she was nursing on crashed in the waters off Norfolk Island.
Lost baggage
The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1,288 SDR per passenger (the amount in the Warsaw Convention is based on weight of the baggage). It requires airlines to fully compensate travelers the cost of replacement items purchased until the baggage is delivered, to a maximum of 1,288 SDR. At 21 days any delayed baggage is considered lost, until the airline finds and delivers it.
Disabled passengers and mobility equipment
The limitation of compensation for damage to baggage to 1,288 SDRs means that the value of damaged mobility equipment may often significantly exceed available compensation under the Montreal Convention, while the effect of the loss, even temporarily, of mobility equipment places disabled passengers at a substantially increased disadvantage in comparison to other passengers suffering damaged baggage. While for non-disabled people the major issue is the loss of hold baggage, for disabled people the problem tends to be physical damage to wheelchairs and other durable medical equipment due to inappropriate stowage in the hold. Even a basic individually-fitted wheelchair may cost twice the available compensation, with a three-month lead time for replacement. There have been further problems with airlines being reluctant to recognise that cheap mass-market wheelchairs may be unsuitable as even a temporary replacement due to the common need for customised seating solutions among long-term wheelchair users.
The EU in "Communication on the scope of the liability of air carriers and airports in the event of destroyed, damaged or lost mobility equipment of
passengers with reduced mobility when traveling by air"
[Scope of Liability]
notes this disadvantage in relation to EC 1107/2006 "
rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical th ...
of
disabled persons and persons with reduced mobility when traveling by air".
[(EC)1107/2006]
The EU report notes that the United States under the Air Carrier Access Act and Canada under Part VII of the Air Transport Regulations have taken action to force airlines to fully cover the costs of damage to mobility equipment as a condition of allowing an airline to operate in their airspace, and notes that the EU may have to take similar steps if the additional duties imposed on airlines by EC 1107/2006 do not resolve the issue.
Ratifications
As September 2018, there are 133 parties to the Convention. Included in this total is 132 of the 191 ICAO Member States plus the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
. The states that have ratified represent 131
UN member states
The United Nations member states are the sovereign states that are members of the United Nations (UN) and have equal representation in the UN General Assembly. The UN is the world's largest intergovernmental organization.
The criteria ...
plus the
Cook Islands
)
, image_map = Cook Islands on the globe (small islands magnified) (Polynesia centered).svg
, capital = Avarua
, coordinates =
, largest_city = Avarua
, official_languages =
, langu ...
. Other states that have ratified include
Argentina
Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the second-largest country in South America after Brazil, th ...
,
Australia
Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country b ...
,
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world ...
,
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
, all member states of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
,
India
India, officially the Republic of India ( Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the ...
,
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
,
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
,
South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its eas ...
,
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federal constitutional monarchy consists of thirteen states and three federal territories, separated by the South China Sea into two regions: Peninsular Malaysia and Borneo's East Malay ...
,
Mexico
Mexico ( Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Gua ...
,
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country ...
,
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
,
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and th ...
,
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-la ...
,
Russia,
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the List of Asian countries by area, fifth-largest country in Asia ...
,
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bo ...
,
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
,
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
,
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
,
Ukraine
Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian invas ...
, the
United Arab Emirates
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia ( The Middle East). It is located at t ...
, and the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
.
[Signatures and ratifications]
See also
*
Aviation law
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international ...
*
CMR convention
*
Kenneth Beaumont
*
Warsaw Convention
The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or ...
References
External links
Text of the ConventionSignatures and ratifications
{{Commercial air travel
International Civil Aviation Organization treaties
Treaties concluded in 1999
Treaties entered into force in 2003
1999 in Canada
Treaties of Albania
Treaties of Argentina
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Treaties entered into by the European Union
1999 in aviation
Treaties extended to Tokelau
Treaties extended to Greenland
Liability treaties
Treaties extended to Hong Kong
Treaties extended to Macau