Dyan Manwel R.

Macatanong

BSAMT 3-1

What is Hague Convention?

The Hague Convention in aviation refers to the Convention for the Unification of Certain
Rules Relating to International Carriage by Air, also known as the Hague Protocol. This
convention, adopted in 1955, is an international treaty that sets out the rights and liabilities
of passengers, airlines, and cargo carriers in the event of death, injury, delay, or damage
to baggage or cargo in international air travel. It applies to all international carriage of
persons, baggage, and cargo by air, whether performed by scheduled or non-scheduled
air services. It is considered a predecessor of the more recent Montreal Convention in
1999, as it established the liability of the carrier in case of death, injury, or delay of
passengers, and loss, damage, or delay of baggage or cargo. The liability limits were
lower than Montreal Convention, for example, death and injury were limited to
approximately USD 8,300 per passenger.

One important aspect of the Hague Convention was the concept of the "strict liability" of
the carrier. This means that the carrier is liable for any damage or loss, without the need
to prove fault or negligence on its part, except in certain cases such as acts of God or
authority of law, provided that it is proved that the damage was not due to the negligence
or other wrongful act or omission of the carrier or its servants or agents.

The Hague Convention was widely ratified by countries around the world and for a long
time was the main legal framework governing international air travel. But it has been
largely replaced by the Montreal Convention which offers more favorable terms for
passengers and shippers, including higher levels of compensation in the case of death,
injury, or loss of baggage or cargo. However, the Hague Convention is still in force in
some countries that have not ratified the Montreal Convention and some of its provisions
are still used as references in legal practice.