Critical Analysis of Montreal Conventions 1999 and Rights of Passengers in Aviation Law

aviation law

Table of Contents
INTRODUCTION ..........................................................................................................................3
TASK ..............................................................................................................................................3
Title.............................................................................................................................................3
Issue.............................................................................................................................................3
Critical analysis:..........................................................................................................................3
Montreal Conventions 1999........................................................................................................6
Rights of passengers....................................................................................................................7
Laws in UK for Aviation and airline conventions......................................................................8
Reforms ......................................................................................................................................9
CONCLUSION ...............................................................................................................................9
REFERENCES..............................................................................................................................11

INTRODUCTION
Aviation law is mainly an important branch of legal set of rules which are being made for
concerning and managing all the international air travellings, flights and the other conventions
and rules being framed in the international law. UK government helps in managing the statutory
regulations and the systematic approach for the aviations and their managerial work. Their is
been seen that the Civil Aviation Authority (CAA) helps in incorporating and managing the
aviation rules and the regulations which are being required for airspace as this contemplates and
provides the methods through which the individuals and the airlines companies can regulate their
effective managerial working1. This report will cover the examination of the rights which are
being given to the passengers on all the international flights by the help of Montreal conventions.
Further it will also provide the critical analysis with the areas of law that are required to be
covered and the reform being needed in it.
TASK
Title
 To examine the rights of the passengers on international flights by evaluating the
provision of Montreal Conventions.
Issue
 Is this Convention protect the rights of the passengers who are not a signatory to this
International Treaty2.
Critical analysis:
Montreal Convention is not just a treaty which governs the air but also covers those who
fly by air. It tries to cover various air disasters and provides provisions which determine
compensation to victims. It thus governs the rights of passengers in relation to their safety,
baggage and cargo. This convention applies to all those countries which are its signatory and in
1 Kim,Yong-Ku, and 이 이 이 , 'The Restrictions Of Subrogated Underwriter’S Right Under
The Montreal Convention 1999' (2021) 23 Seoul Law Review
'
2 Ratification Of The 1999 Montreal Convention On Aviation Liability' (2018) 98 The
American Journal of International Law

the case of governing the country which is not its signatory then the Warsaw convention is
applicable to them. But this convention has various positive and negative aspects which define
its true importance.
The Positive aspects are:
 Prior to this convention, the Warsaw Convention had meagre and arbitrary limits of
liability which have been eliminated by Montreal Convention. These liabilities were in
relation to the passengers getting killed or injured while flying in air3
 Access to the U.S courts have been provided to the families of those who were the
victims of International Aircraft accidents so that they can get damages or compensations
for the loss they have suffered.
 In the case of negligence by the airline, the convention states and requires that the aircraft
carriers to reserve and make up payments of approximately $ 141,000 so that accident
victims can be compensated for their damages. It also applies when negligent behaviour
is not there and still provides damages.
 There is also a clause in the convention agreement known by the name of escalation
clause that works towards providing that monetary limits and thresholds to be adjusted in
Inflation when they survive the convention.
 The provisions of the code of convention make it clear that the passenger has recovery
rights when the airline operates a flight purchased from another transportation and also
from the airline which was operating the aircraft at the time of accident. This is cleared
by the code which is written and implied on the ticket of the passenger.
 The Convention elaborates that the advantage of new innovations in technology can be
taken by the carriers and shippers of US air cargo for the efforts that US has put in
making it. These innovations should be those which are available for facilitating and
expediting the International air cargo's process.
 Litigation process is simplified and made easier by the convention by also promoting
fairness in relation to the benefits enjoyed by the passengers. These include elimination
of limits of arbitration on compensatory damages with respect to death and injury claims
3 Deviatnikovaitė I, 'The Montreal Convention Of 1999 And Regulation No 261/2004 In
The EUCJ And National Case Law' (2018) 11 Baltic Journal of Law & Politics