Appendix 1 to Chapter 2

SUMMARY OF RELEVANT INTERNATIONAL CONVENTIONS AND AGREEMENTS
DATE

PLACE

TITLE

CONTENT

October 1919

Paris

October 1929

Warsaw

Sovereignty over airspace. Standards for airworthiness. Certificates
of competency for crews. Definition of 'aircraft'.
Carrier's liability for damage caused to passengers, baggage and
goods. Damage caused by delay.

May 1933

Rome

May 1933

Rome

Convention Relating to the Regulation
of Air Navigation
Convention for the Unification of
Certain Rules Relating to International
Carriage by Air
Convention for the Unification of
Certain Rules Relating to Damage
Caused by Aircraft to Third Parties on
the Surface
Convention for the Unification of
Certain Rules Relating to Precautionary
Arrest of Aircraft

.

September
1938

Brussels

December 1944

Chicago

December 1944

Chicago

December 1944

Chicago

June 1948

Geneva

Protocol Supplementing the Convention
for the Unification of Certain Rules
Relating to Damage Caused by Aircraft
to Third Parties on the Surface
Convention on International Civil
Aviation
International Air Services Transit
Agreement
International Air Transport Agreement

Convention on the International
Recognition of Rights in Aircraft

Recognised the liability of carrier for damage caused on the ground.
Led to the Brussels Insurance Protocol of 1938
Replaced by the Rome Convention of 1952 (drafted by ICAO)
Specified which aircraft can be arrested or 'attached'. Excludes
government aircraft (incl postal transport), aircraft in service on public
transport (and back-up aircraft), aircraft apportioned for the carriage of
persons or goods for reward.
Obligation of carrier to arrange third party insurance. This is what
eventually killed off Pan Am!

Regulation of Civil Aviation. Led to the creation ofICAO.
18 Annexes to the Chicago Convention
The two technical freedoms of the air
The three commercial freedoms of the Air (Known as the 5 freedoms
agreement; 2 +3 = 5) Note: The other freedoms 6, 7 and 8 are really
no more than minor variations of these 5.
To protect the rights of the seller where aircraft are bought on HP,
mortgage or lease.

UK. Defines the rights and obligations of the aircraft Commander c. National Law more powerful. hiring by a single person (or company). Allocates jurisdiction after offence committed: a. Made carrier liable for 'pilot error' An ECAC convention. single flights. a. neither states contracting. Raised compensation limit to 250 000 gold francs c. State of landing if offender still on board c. State of Operator d. Defines the rights and obligations of the authorities of the state in which the aircraft lands after d. Defines the liability of the carrieres). Allows states to render valid an existing C of A or issue a new one. State in which offender is apprehended if that state does not wish to extradite . Poor ratification. a. Defines who the contracting carrier and the actual carrier is in a charter or wet-lease situation. Covers international flights within Europe of a non scheduled nature: Humanitarian and emergency.October 1952 Rome Convention on Damage by Foreign Aircraft to Third Parties on the Surface September 1955 The Hague Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air April 1956 Paris Multilateral Agreement on Commercial Rights of Non-Scheduled Air Services in Europe April 1960 Paris September 1961 Guadalajara September 1963 Tokyo Multilateral Agreement relating to Certificates of Airworthiness for Imported Aircraft Convention Supplementary to the Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier Convention on Offences and Certain Other Acts Committed on Board Aircraft December 1970 The Hague Convention for the Suppression of Unlawful Seizure of Aircraft Replaced the 1933 Convention. Defines 'in flight'. State of Registration b. (USA. Defines unlawful seizure of aircraft Applicable to domestic and international flights. Removed exemptions for all except military aircraft b. Simplified the requirements for tickets and baggage checks d. El Al crash in Holland. Germany and many other major players) refused to ratify because compensation too low. Canada. Covers charter services and 'wet-leasing'. ECAC agreement. taxi class services (seating limited to 6 and not to be re-sold). Determines who's penal law is applicable b.

the state of Operator is. Allows payment to be made in IMF Special Drawing Rights (SDR) b.March 1971 Guatemala City Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air September 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation September 1971 Montreal September 1975 Montreal Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation Additional Protocols (1 . Exceptions: i) self inflicted or wilful damage by the claimant iil death or injury resulting from ill health of passenger Deals with a person who: i) acts violently on board an aircraft ii) destroys or damages an aircraft in service iii) places an EOD or similar on board an aircraft iv) destroys or damages a nav aid or interferes with operation v) passes false information thus endangering an aircraft Deals with offences committed at an airport serving international aviation a.in another contracting state. Replaces limits in Guatemala Protocol with SDRs d. or the operator lives or his place of residence is . in the case of death or injury caused by sabotage or hi-jacking. .4) to Amend the' Convention for the Unification of Certain Rules Relating to International Carriage by Air September 1978 Montreal Protocol to Amend the Convention on Damage by Foreign Aircraft to Third Parties on the Surface Makes the carrier absolutely liable.applies SDRs Extended Rome 1952 to include damage caused by an aircraft registered. Replaces 'fault' liability with 'risk' liability i. Chan_ges liability regarding~oods . Replaces limits in Hague Protocol with SDRs c.e. Limits liability to $100 000 for passengers and baggage including negligence.

Air Piracy an offence b. etc . Right to transit straits without permission no longer allowed freedom to transit straits under 1st freedom reinforced f. . Established the JAA Agreement by IA TA members to waive limitations of liability and recoverable damages established by the Warsaw Convention. Damages to be awarded by reference to the law of domicile of the passenger..December 1982 Montego Bay UN Convention of the High Seas September 1990 October 1995 Cyprus The Convention of Cyprus Kuala Lumpur IATA Intercarrier Agreement on Passenger Liability a. 200 nm economic zone respected . Established the authority of the Hamburg Court regarding disputes of overflying rights in territorial waters. Territorial waters extended to 12 nm d. contiguous zones. Hot pursuit permitted c.freedom to overfly e.