PARIS CONVENTION 1919

“Convention Relating to the Regulation of Aerial Navigation”

The start of World War I in 1914, aircraft were being operated internationally to carry not
only cargo, but also as military assets. The international use of aircraft brought up
questions about air sovereignty.

The first Article of the convention ends the academic discussions whether the air space
is ‘free' like the high seas or whether it forms a part of the sovereign territory. In the
shadow of the war time experience states firmly confirmed the complete and exclusive
sovereignty of states over their air space. This principle become the backbone of
international air law ever since.

It is noteworthy that the Convention does not create the principle of air sovereignty but
recognizes it. Moreover, this principle is generally applicable for all states not only to the
Parties of the Convention.

The contracting states granted themselves freedom of innocent passage on a non-

discriminatory basis. Provisions such as prohibited zones, nationality and registration of
aircraft, certificates of airworthiness and competency, establishment of international
airways, and special regime for state aircraft were included.

The convention also established the International Commission for Air Navigation (ICAN)
a permanent Commission placed under the direction of the League of Nations. ICAN is
responsible for the amendment of Annexes A-G containing detailed provisions on rules
of the air, signals to be used etc.

The Paris Convention never achieved universal acceptance because the USA did not
become a member of the League of Nations and did not ratify the convention. It was also
due to the fact that by 1919 aviation could not cover trans-oceanic and transcontinental
distances thus cooperation and coordination was not urgently relevant elsewhere than in
Europe.
 MADRID CONVENTION 1926
“Ibero-American Air Navigation Convention”
In 1919, Spain and all the other ex-neutral governments in World War I had been invited
to adhere to the Paris Convention. Spain had declined to do so, partially due to Article 34
of this Convention related to the uneven equivalency between parties. Moreover, Spain
withdrew from the League of Nations in 1926, its claim for a permanent seat on its Council
having been rejected.

This convention differed from the Paris Convention in that it differently took account of the
principle of the equal voting rights of its members as France or Italy (Article 34) and the
right for a Contracting State to permit the flight above its territory of an aircraft that did not
possess the nationality of a Contracting State (Article 5).

It did not bring about any innovations in legal terms and practically repeated verbatim the
text of the 1919 Paris Convention, while omitting all references to the League of Nations.
It was more than the result of political bravado of Spain trying to assert leadership in Latin
America. Ultimately it was only ratified by 5 states of 21 states attended indicating its
limited impact.
 HAVANA CONVENTION 1928
Convention on Commercial Aviation
The convention was another attempt to the codification of air law on a regional basis by
the Commercial Aviation Commission of the Pan-American Union.

It differs from Paris and Madrid Conventions that dealt with the technical and operational
aspects of aviation. The Havana convention dealt in a most liberal manner with the traffic
rights and provided that aircraft of a contracting state are to be permitted to discharge
and take on passengers and cargo at any airport - authorized as port of entry - in any
other contracting state.

The practical impact of this provision would amount to multilateral granting of the 'five
freedoms of the air' a concept to be addressed later. The Havana Convention attracted
sixteen states including USA and members of the ICAN. The convention is no longer
applicable but it still inspires for the 'open skies' and free competition of air transport
services in a borderless world.
 WARSAW CONVENTION 1929
Convention for the Unification of certain rules relating to international carriage by air

Unification of private air law of international carriage by air became a priority very early in
the aviation history, as the first airlines capable to carry passengers, mail and freight were
established very shortly after WWI. By 1923, the government of France attempted to
adopt national laws relating to liability in the carriage by air and realized that the complex
foreign elements of such issue called for unification of law on a wide international level to
prevent the unforeseeable conflicts of law and conflicts of jurisdiction.

The Warsaw Convention is an international convention which regulates liability, in the

event of accident, for international carriage of persons, luggage or goods performed by
aircraft for reward. It was the first comprehensive legal framework governing aviation at
the international level, playing an essential role in supporting the development of the
sector and establishing a set of principles, most of which are still effective and constitute
the basis of modern aviation law.

This Convention mandates carriers to issue passenger tickets; requires carriers to issue
baggage checks for checked luggage; creates a limitation period of 2 years within which
a claim must be brought; and limits a carrier's liability (maximum of 125,000 francs for
personal injury; 250 francs per kilogram for checked luggage and cargo; 5,000 francs for
the hand luggage of a traveler). The sums limiting liability shall be deemed to refer to the
French franc consisting of 65 milligrams gold of millesimal fineness 900, which may be
converted into any national currency in round figures. The convention of 1929 came into
force on 13 February 1933.

The Hague protocol 1955 amended the Warsaw Convention doubling (250,000 francs)
the limit of liability with respect to persons. The protocol made minor adjustments or
clarifications and contributed to some simplifications of the documents of carriage. It
was entered into force on 1 August 1963.
The Guadalajara Convention 1961 entitled, Convention Supplementary to the Warsaw
Convention for the Unification of Certain Rules Relating to International Carriage by Air
Performed by a Person other than the Contracting Carrier, necessitated by the modern
modalities of transport when a person was not a party to the agreement for carriage. It
entered into force on 1 May 1964.

The Montreal Agreement 1966 under the supervision of International Air Transport
Association (IATA) rose when the United States were not prepared to ratify The Hague
Protocol 1955 as they considered the liability limits for carriage of persons too low,
withdrawing from the 1929 Convention. Pursuant to the Agreement the airline
companies adjusted their conditions. The United States revoked the withdrawal from the
1929 convention at the last minute.

The Guatemala Protocol 1971 is the worked permanent solution of ICAO addressing
the limits of liability and modernizing the entire Warsaw Convention as amended by The
Hague Protocol was reached. However, it contained several controversial points: the
liability limit for passenger claims was substantially increased and fixed limits, and the
fifth jurisdiction (the court of the place of residence of the passenger) were introduced.
This protocol never came into force.

The Montreal Protocols 1975 under ICAO is the culmination of the forth Protocol
amending the Warsaw Convention, The Hague and Guatemala Protocols. Amending the
increased liability limit, altered the monetary measurement from gold to Special Drawing
Rights, and eliminated outdated documentary requirements with respect to the transport
of cargo.

The successive modifications of the 1929 Convention, coupled with increasing mobility of
passengers and the globalization of the air transport industry, have resulted in a high level
of complexity and fragmentation of the Warsaw System, and a corresponding loss of
relevance for the travelling public and the air transport industry. The above developments
finally led to the ICAO seeking to draw up a new convention to replace the Warsaw
System. The ICAO Legal Committee, at its 30th Session held in Montreal from 28 April to
9 May 1997, approved the text of a draft Convention for modernizing the Warsaw System
of air carrier liability, to be adopted later by a Diplomatic Conference.
 CHICAGO CONVENTION 1944

Convention on International Civil Aviation

It superseded the Paris Convention 1919 and the Havana Convention 1928 came into
force on 4 April 1947. It contained the basic principles and arrangements in order that
international civil aviation be developed in a safe and orderly manner, and that
international air transport services be established on the basis of equality of opportunity
and operated soundly and economically. The Chicago Convention also established the
International Civil Aviation Organization (ICAO).

The Chicago Convention requests that in implementing the international standards and
recommended practices and procedures adopted by ICAO, each Contracting State
undertake to collaborate in securing the highest practicable degree of uniformity in
regulations, standards, procedures, and organization in relation to aircraft, personnel,
airways and auxiliary services in all matters in which such uniformity will facilitate and
improve air navigation.

The Convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980,
1997, 2000 and 2006). As of 2013, the Chicago Convention has 191 state parties
including the Republic of the Philippines.
 TOKYO CONVENTION 1963

Convention on Offences and Certain Other Acts Committed on Board Aircraft

The Convention is applicable to offences against penal law and to any acts jeopardizing
the safety of persons or property on board civilian aircraft while in-flight and engaged in
international air navigation. Coverage includes the commission of or the intention to
commit offences and certain other acts on board aircraft registered in a Contracting State
in-flight over the high seas and any other areas beyond the territory of any State in
addition to the airspace belonging to any Contracting State. Criminal jurisdiction may be
exercised by Contracting States other than the State of Registry under limited conditions,
vis a vis, when the exercise of jurisdiction is required under multilateral international
obligations, in the interest of national security, and so forth.

The Convention, for the first time in the history of international aviation law, recognizes
certain powers and immunities of the aircraft commander who on international flights may
restrain any person(s) he has reasonable cause to believe is committing or is about to
commit an offence liable to interfere with the safety of persons or property on board or
who is jeopardizing good order and discipline.

It entered into force on 4 December 1969, and as of 2015 has been ratified by 186 parties.
 MONTREAL CONVENTION 1999

Convention for the Unification of Certain Rules for International Carriage by Air

This new convention, intended to replace the above-described Warsaw System, came
into force on 4 November 2003. The obvious innovation is that the Montreal Convention
now presents a single legal instrument, instead of a patchwork provided under the
antiquated Warsaw System (i.e. a collection of six different legal instruments). Some 525
participants from 121 Contracting States, one non-Contracting States and 11 international
organizations took part in this historic three-week conference.

It amended important provisions of the Warsaw Convention'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 passengers,
baggage and cargo. Whilst maintaining the core provisions which have served the
international air transport community for several decades (i.e., the Warsaw regime), the
new 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.

The Philippines recently entered into the force on December 18, 2015.