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

This report provides a critical analysis of Montreal Conventions 1999 and the rights of passengers in aviation law. It covers 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.

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

by a passenger. Non-compensatory damages are barred in all the cases with respect to the
legislations and laws. It is clearly established that these are excluded from the area of
damages which arise in the transportation of passengers, baggage and cargo on the
international level.
 The convention also tries to preserve the status relating to legal actions which can be
taken against the employees of an airline. It extends to the employees of an aircraft
carrier or an airline operating in air. With the improvements , it also sustains the good
parts of the Warsaw convention. The employees are covered within the scope of
conditions and limits of liability which are made available to a carrier in the Montreal
Convention4.
The negative aspects are:
 Due to the progress of the modern medicine it is easier to treat injuries which is why this
convention does not provide compensation to those airline passengers who have suffered
injures that can be treated and reduced to a minimum by modern medicine technologies.
This can prove to be worrying for the passengers.
 Airlines also have the power to defend themselves in these cases which makes it difficult
for the passenger to get compensated for damages.
 There is also a two year limitation period which should be observed by the people filing a
case against any airline or aircraft because if this is exceeded then they have no right and
remedy to claim their damages. This is given in the Article 35 which acts as a limitation
to the convention.
 When a case is related to the time limitation then it has no room for flexibility in claiming
damages.5
 The airlines of the countries which are its signatory can make a point that they signed it
to reduce their potential liability and not to give rise to another. Because the motto of the
convention is to provide balance to the interests to the passengers and air carriers. So
4 Fitriyanti F, Gunawan Y, and Armansyah A, 'Responsibility Of Airlines Company To
The Passenger After The Ratification Of The Montreal Convention 1999 By Indonesia'
(2018) 9 Jurnal Cita Hukum
5 'Applicability Of The Montreal Convention For Accidents In The Airport' (2018) 2
IFTTA Law Review

while acting in the interests of the passengers of the flights, the interests of the air craft
cannot be ignored.
 It also states that all causes of action should be subject to the limitation period which can
badly impact the rights of the passengers and their families while making claims for their
injury or death from the air carrier.
 It is also argued that the Art 35 (2) of the Montreal Convention has a loophole with
regards to stating the method how the two year period is calculated. It gives the power in
the hands of the court which can have different methods in different cases.
 Experts argue that the convention continues to provide protection to the aircraft carrier at
the expense of the rights of passengers when they fly in a certain airline6.
So it is clear from the above discussed points that this convention has various distinctive
provisions which can significantly affect the interests of the injured party that can be an airline or
passengers. It affects the liabilities of the airlines which can look in the favour of the airline but
can prove to be completely opposite. In the same way, better protection and compensation is
promised to the passengers with respect to their rights while flying but these can also be violated
due to the complex procedure which is followed while making claims7.
Montreal Conventions 1999
This is mainly an important treaty which aligns and manages all the unifying areas
through which the rules in relation to the international carriages through air are being applied.
This implies to have the envisaged areas through which all the rules and the farming conventions
are governed in the airline liability governing to the injury or the death which is been occurred to
passengers. This convention also deal with all the delay in the damage, loss and the other loss
made in the baggage and cargo. This convention is also known as the MC99 which originates
6 Nugraha R, and Kovudhikulrungsri L, 'AVIATION LEGAL ISSUES IN INDONESIA
AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN'
(2017) 7 Indonesia Law Review
7 Білоусов В, 'PROBLEMS OF LEGAL REGULATION OF AIR TRANSPORTATIONS
OF PASSENGERS AND LUGGAGE IN UKRAINE' (2019) 3 Scientific works of
National Aviation University. Series: Law Journal "Air and Space Law"

and establish all the liabilities which are being made in airlines as in case of any issues death,
accident or the misshapen is being addressed in the company. It also evaluates and manages all
the damage or loss which are being seen or happened in the airline. This considers to be the
unified areas where all the different regimes and the international treaty are being covered in
order to address and apply all the airline liability that has made and framed the hazardous from
1029. MC99 is framed in order to manage and govern all the airline liability which are globally
being recognised8. The main aim of this to provide global ratification and also gives protection to
all the consumers with the compensation and the air cargo shipments facility. Some of the main
aim which is been addressed thorough this convention is that:
 To provide the benefits to the passengers by giving them the fair compensation and also
to give the protection. They manage all the electronic bills and the documents for
managing the efficient trading system and to facilitate the faster trading.
 MC99 gives the greater certainty rules through which they manage all the international
routes network and all the liabilities in order to mange and frame all ratification through
general ratification and the working culture.
 It focus on giving the legal framework to be bilaterally followed and also to exemplify
and manage the documentation of shipments.
Thus, this treaty gives the exclusive recovery through which all the damages are being
covered and it also manages all the international air travels and the state law claims. Their is also
been given that as in the case of El Al Israel Airlines Ltd. Case, court held that all the personal
injury which is been suffered on the board or an aircraft will be managed or embarked and in
case if not allowed in the Montreal convention then this will not be covered under its rules.
This is also been given that this convention is managed and liable for all the sustained
death and the bodily injury which is been occurred in that board or the aircraft. This is covered in
the Article 17 of convention. Their main alignment and the working is majorly on the checklist
that accident or the happening is being made in the aircraft, the flights which are being made are
going through the international carriage, also analyse the proximate cause of death or the bodily
injury and harm. Along with this the convention also provides the two year statue of limitations
8 Oktay Huseynova G, 'AIR PASSENGERS’ RIGHTS IN THE EUROPEAN UNION'
(2021) 65 SCIENTIFIC WORK

through Article 35 which is been reckoned from the arrival date and also from the date on which
their aircraft ought to be arrived9.
Rights of passengers
As there is been seen that the Montreal convention implicates and manages to provide
certain right to the passengers in regard to their goods and the carriages being shipped and also
for their own safety and management. Through this treaty and law it is being embarked that all
the damages are being claimed in case of their seems to have any kind of disruption being made.
Their is been given that all the delay in the flights, any kind of cancellation is being addressed by
the passengers, boarding denials and many more. In all such cases the airline which are being
managing all such work will be liable for the loss that are being made to them. As by undergoing
through all the EU Regulation all the claims can be made by the passengers and they can get
whole compensation through this convention fore all the admirable loss that is being made to the.
In all such areas when the bodily injury, death is being incurred then their implies the airline
liability through which all the operations and the embarking are managed all such areas the
airlines will have to pay the da,ages and the amount as compensation. Montreal Convention
waves and manages all the airline liabilities in all the flight disruption with the general and the
manageable circumstances which are like the security threats, air traffic control, medical
emergency, bird strikes, lightning etc. in all such cases the airline will have to pay the
compensation and will have to manage all the reasonable measures through which flight
disruption is being attained10.
Further it is been seen that in case when there are certain international flights which are
attaining the disruption then they eventually manage and attain the loss to be incurred and
referred. In MC99 there are given certain International Monetary Fund (IMF) with which the
company manages and draws all the adequate relief which are to be provided to the persons who
are being affected by any kind of loss being made.
9 Нашинець-Наумова А, 'ISSUES OF CORPORATE GOVERNANCE OF CIVIL
AVIATION' (2020) 1 Scientific works of National Aviation University. Series: Law
Journal "Air and Space Law"
10 Похиленко І, 'THE CONCEPT OF AVIATION ACTIVITY' (2019) 3 Scientific works
of National Aviation University. Series: Law Journal "Air and Space Law"

Other then this the MC99 also provides the rights to all the person in case their seems to
have the loss of the luggage as eventually their implies that the Montreal Convention helps and
give the persons the rights to manage all their luggage in a proper manner and this will also
diversified and managed through the inherent capability. All the damages, loss and the delay in
the luggages will be amounted to be the claim right for the person. Their is been seen that
through IMF currency is being managed by the special drawing rights and there is provided that
all the individuals are attained to involve and being managed to maintain the compensation11.
Other then this some of the important rights which are being given to all the passengers in
the Montreal convention is that it outlines and maintain the passengers to get all the facilities and
the services in case of any delay is being made and the issue is being derived to them. This
provides that the hotel accommodations, food drink facilities, transportations, reimbursements
etc. are some main elements and areas through which the passengers will be protected by gaining
the facilities. It helps in formulating and maintaing the compensation for the passemngers in the
airlines for the carriages being loss or broken. The MC99 implies to handle all the facilities
through which it manages the general management and their working culture.
Laws in UK for Aviation and airline conventions
The main element and the principle legislation which is been given in order to manage
the regulation in UK for the aviation are all the authority and the administration through which
the Secretary of state and transport are accompanied. As UK implies to have the Civil Aviation
Authority CAA along with it there is been given the European Aviation Safety Agency EASA
which are being managed by the regulations governed through EU.
As in UK their provided that the department of transport regulates and manages the
governmental bodies through which all the civil aviations are attained and this also frames to
administer the general organising, carrying and maintaining the work and the development
through aviation industry. It helps in navigating the boards aircraft and along with it all the
safeguarding measures through which the power and the statutory working are managed. CAA in
UK implies to maintain all the safety, economic and the regulations being made for the consumer
protection for the airspace policy. As it manages and provides the aviation issues through which
11 Гусар О, 'Aviation Personnel: Update Of The Concepts' (2020) 1 Scientific works of
National Aviation University. Series: Law Journal "Air and Space Law"

they manage all the consumers interest and also conducts the scientific and the economic
working through which accompany can regulate the general supervision and the legislation.
CAA manages and exercises all the European regulations with which all operational safety and
the protection for the people in the airlines are managed12.
Some of the UK legislation which are been given are like:
 Civil Aviation Act 1982
 Air Carrier liability regulation
 Civil Aviation Regulation 2007 and many more.
The her majesty manages the commissions which appoints and maintain the expansion of
all the London airports capacity through which they focus on protecting the rights and the
travelling of the passengers.
Reforms
Their is been seen that in order to manage the systematic approach and working the
Montreal convention can implement certain strategies in which as they have the strong defending
power in context to management and the implementation that are being served for the loss or the
damage in all such cases they may apply and validate to overgrow and make it flexible so that
the people who had been facing the emergent loss can gain some benefits. Other then n this
the limitation time period which is being served for 2 years can be extended so that in case if any
person is not being bale to manage and do the general compliance and the filing then they can
manage it variably. They may also enforce and give the rights for all the passengers who are not
being part of MC99 so that this will not make them to be affected and this will make them to be
more convenient for all the travellers who are being working on the aircraft. Other then this the
convention can also apply certain rules in which they may manage and frame all the valuation in
which the working and the Montreal can be recursed and this implicate that they may surreal
make the loss of the luggage or any bodily harm being extended then they should also give
protection to all the international passengers.
12 Олійник О, 'Employees Of Civil Aviation Administrative And Legal Characteristics'
(2020) 2 Scientific works of National Aviation University. Series: Law Journal "Air and
Space Law"

CONCLUSION
From this above report it is concluded that aviation law is mainly all the legal rules and
the implications which are being made in order to protect the individuals from any issues being
faced in travelling and exporting through airlines. Montreal convention 1999 helps out in
intervening all the legal implicated principles through which they manage to give the body of
rules being conducted to all the passengers regarding their travel safety and compliance. Their is
been seen that several rights are being given to the passengers like the compensation from the
death, loss or any of the bodily harm. Further it is also concluded that the MC99 can manage to
make the other international passengers to be protected so they will feel comfort and safe in
travelling through all such areas and working.

REFERENCES
Books and Journals
Kim,Yong-Ku, and 이 이 이 , 'The Restrictions Of Subrogated Underwriter’S Right Under The
Montreal Convention 1999' (2021) 23 Seoul Law Review
'Ratification Of The 1999 Montreal Convention On Aviation Liability' (2018) 98 The American
Journal of International Law
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
Fitriyanti F, Gunawan Y, and Armansyah A, 'Responsibility Of Airlines Company To The
Passenger After The Ratification Of The Montreal Convention 1999 By Indonesia'
(2018) 9 Jurnal Cita Hukum
'Applicability Of The Montreal Convention For Accidents In The Airport' (2018) 2 IFTTA Law
Review
Nugraha R, and Kovudhikulrungsri L, 'AVIATION LEGAL ISSUES IN INDONESIA AND
THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN' (2017) 7
Indonesia Law Review
Білоусов В, 'PROBLEMS OF LEGAL REGULATION OF AIR TRANSPORTATIONS OF
PASSENGERS AND LUGGAGE IN UKRAINE' (2019) 3 Scientific works of National
Aviation University. Series: Law Journal "Air and Space Law"
Oktay Huseynova G, 'AIR PASSENGERS’ RIGHTS IN THE EUROPEAN UNION' (2021) 65
SCIENTIFIC WORK
Похиленко І, 'THE CONCEPT OF AVIATION ACTIVITY' (2019) 3 Scientific works of
National Aviation University. Series: Law Journal "Air and Space Law"
Нашинець-Наумова А, 'ISSUES OF CORPORATE GOVERNANCE OF CIVIL AVIATION'
(2020) 1 Scientific works of National Aviation University. Series: Law Journal "Air and
Space Law"
Гусар О, 'Aviation Personnel: Update Of The Concepts' (2020) 1 Scientific works of National
Aviation University. Series: Law Journal "Air and Space Law"
Олійник О, 'Employees Of Civil Aviation Administrative And Legal Characteristics' (2020) 2
Scientific works of National Aviation University. Series: Law Journal "Air and Space
Law"