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Montreal Convention

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For other similarly named agreements, seeMontreal Convention (disambiguation).

Montreal Convention
Convention for the Unification of certain rules for international carriage by air
Signed28 May 1999(1999-05-28)
LocationMontreal, Quebec,Canada
Effective4 November 2003
Parties137 (136 states + EU)[1]
DepositaryInternational Civil Aviation Organization
LanguagesEnglish, Arabic, Chinese, French, Russian and Spanish

TheMontreal Convention(formally, theConvention for the Unification of Certain Rules for International Carriage by Air) is amultilateral treatyadopted by a diplomatic meeting ofICAOmember states in 1999. It amended important provisions of theWarsaw 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 ofpassengers,baggageand cargo. Whilst maintaining the core provisions which have served the internationalair transportcommunity for several decades (i.e., the Warsaw regime), the 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.[2]

Damages

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Under the Montreal Convention, air carriers arestrictly liablefor proven damages up to 128,821.00special drawing rights(SDR), a mix of currency values established by theInternational Monetary Fund(IMF) equal to roughly US$175,000.[3][4]Where damages of more than 128,821.00 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable solely to the negligence of a third party.[5]This defense is not available where damages of less than 128,821.00 SDR are sought. The convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carryliabilityinsurance.

The main goal of the Montreal Convention was to increase available damages in relation to death or injury of passengers from the limited and outdated limits under the Warsaw/Hague Convention.

No compensation purely for psychiatric injury

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The Convention does not recognize compensation for psychiatric injury or damage unless linked to physical injury.[6]Article 17 of the Convention refers to "bodily injury" in setting out the liability of the carrier for accidents.[dubious–discuss]Purely psychiatric injury is not eligible for compensation which has been criticised by people injured in plane accidents,[7]legal experts[8]and their families.[9]

Australia

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Australia amended its law to adopt concepts in the Montreal Convention including:

  • the removal of references to 'personal injury' and replaced with 'bodily injury' under the CACL Act[10]to ensure consistency with the 1999 Montreal Convention concerning international flights;
  • the preclusion of potential claimants from claiming compensation for mental injuries where that person has not suffered additional personal or property damage[10]

Independent Australian senator Nick Xenophon will introduce a private member's bill into the Australian Parliament in May 2015 which will seek to protect the rights of plane crash survivors to be compensated for psychological trauma.[8]

Leading Australian current affairs TV show 4 Corners on the government owned broadcaster ABC,[11]broadcast a program[12]focusing on the unfairness and injustice of excluding psychiatric injury on 23 March 2015 featuring Karen Casey, a nurse injured when the medical evacuation flight she was nursing on crashed in the waters off Norfolk Island.

Lost baggage

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The Montreal Convention changes and generally increases the maximum liability of airlines for lost baggage to a fixed amount 1,288 SDR per passenger (the amount in the Warsaw Convention is based on weight of the baggage). It requires airlines to fully compensate travelers the cost of replacement items purchased until the baggage is delivered, to a maximum of 1,288 SDR. At 21 days any delayed baggage is considered lost, until the airline finds and delivers it.

Disabled passengers and mobility equipment

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The limitation of compensation for damage to baggage to 1,288 SDRs means that the value of damaged mobility equipment may often significantly exceed available compensation under the Montreal Convention, while the effect of the loss, even temporarily, of mobility equipment places disabled passengers at a substantially increased disadvantage in comparison to other passengers suffering damaged baggage. While for non-disabled people the major issue is the loss of hold baggage, for disabled people the problem tends to be physical damage to wheelchairs and other durable medical equipment due to inappropriate stowage in the hold. Even a basic individually-fitted wheelchair may cost twice the available compensation, with a three-month lead time for replacement. There have been further problems with airlines being reluctant to recognise that cheap mass-market wheelchairs may be unsuitable as even a temporary replacement due to the common need for customised seating solutions among long-term wheelchair users.

The EU in "Communication on the scope of the liability of air carriers and airports in the event of destroyed, damaged or lost mobility equipment ofpassengers with reduced mobilitywhen traveling by air "[13]notes this disadvantage in relation to EC 1107/2006 "rightsofdisabled personsand persons with reduced mobility when traveling by air ".[14]

The EU report notes that the United States under the Air Carrier Access Act and Canada under Part VII of the Air Transport Regulations have taken action to force airlines to fully cover the costs of damage to mobility equipment as a condition of allowing an airline to operate in their airspace, and notes that the EU may have to take similar steps if the additional duties imposed on airlines by EC 1107/2006 do not resolve the issue.

Ratifications

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As September 2018, there are 133 parties to the convention. Included in this total is 132 of the 191 ICAO Member States plus theEuropean Union.The states that have ratified represent 131UN member statesplus theCook Islands.Other states that have ratified includeArgentina,Australia,Brazil,Canada,China,all member states of theEuropean Union,India,Indonesia,Israel,Japan,South Korea,Malaysia,Mexico,New Zealand,Nepal,Norway,Pakistan,Russia,Saudi Arabia,Singapore,South Africa,Switzerland,Turkey,Ukraine,theUnited Arab Emirates,and theUnited States.[1]

Member state Date of entry into force Notes
Afghanistan - Warsaw Convention & Hague Protocol
Albania 19 December 2004
Algeria - Warsaw Convention & Hague Protocol
Andorra 28 June 2004
Angola - Warsaw Convention & Hague Protocol
Antigua and Barbuda - None International Protocol
Argentina 14 February 2010
Armenia 15 June 2010
Australia 24 January 2009
Austria 28 June 2004
Azerbaijan 11 April 2015
Bahamas Signed. Not ratified
Bahrain 4 November 2003
Bangladesh Signed. Not ratified
Barbados 4 November 2003
Belarus - Warsaw Convention & Hague Protocol
Belgium 28 June 2004
Belize 4 November 2003
Benin 29 May 2004
Bhutan - None International Protocol
Bolivia (Plurinational State of) 5 July 2015
Bosnia and Herzegovina 8 May 2007
Botswana 4 November 2003
Brazil 18 July 2006
Brunei Darussalam 17 May 2020
Bulgaria 9 January 2004
Burkina Faso 25 August 2013
Burundi - None International Protocol
Cabo Verde 22 October 2004
Cambodia Signed. Not ratified
Cameroon 4 November 2003
Canada 4 November 2003
Central African Republic Signed. Not ratified
Chad 10 September 2017
Chile 18 May 2009
China 31 July 2005
Colombia 4 November 2003
Comoros - Warsaw Convention
Congo 17 February 2012
Costa Rica 8 August 2011
Côte d'Ivoire 5 April 2015
Croatia 23 March 2008
Cuba 13 December 2005
Cyprus 4 November 2003
Czech Republic 4 November 2003
North Korea - Warsaw Convention & Hague Protocol
Democratic Republic of the Congo 19 September 2014
Denmark 28 June 2004
Djibouti - None International Protocol
Dominica - Warsaw Convention & Hague Protocol
Dominican Republic 20 November 2007
Ecuador 26 August 2006
Egypt 25 April 2005
El Salvador 6 January 2008
Equatorial Guinea 17 November 2015
Eritrea - None International Protocol
Estonia 4 November 2003
Ethiopia 22 June 2014
Fiji 9 January 2016
Finland 28 June 2004
France 28 June 2004
Gabon 5 April 2014
Gambia 9 May 2004
Georgia 18 February 2011
Germany 28 June 2004
Ghana 3 August 2018
Greece 4 November 2003
Grenada - Hague Protocol
Guatemala 6 August 2016
Guinea - Warsaw Convention & Hague Protocol
Guinea-Bissau - None International Protocol
Guyana 21 February 2015
Haiti - None International Protocol
Honduras 16 January 2016
Hungary 7 January 2005
Iceland 16 August 2004
India 30 June 2009
Indonesia 19 May 2017
Iran (Islamic Republic of) - Warsaw Convention & Hague Protocol
Iraq - Warsaw Convention & Hague Protocol
Ireland 28 June 2004
Israel 20 March 2011
Italy 28 June 2004
Jamaica 5 September 2009
Japan 4 November 2003
Jordan 4 November 2003
Kazakhstan 31 August 2015
Kenya 4 November 2003
Kiribati - None International Protocol
Kuwait 4 November 2003
Kyrgyzstan - Warsaw Convention & Hague Protocol
Lao People's Democratic Republic - Warsaw Convention & Hague Protocol
Latvia 15 February 2005
Lebanon 14 May 2005
Lesotho - Warsaw Convention & Hague Protocol
Liberia - Warsaw Convention
Libya - Warsaw Convention & Hague Protocol
Liechtenstein 28 June 2004
Lithuania 29 January 2005
Luxembourg 28 June 2004
Madagascar 26 February 2007
Malawi - Warsaw Convention & Hague Protocol
Malaysia 29 February 2008
Maldives 30 December 2005
Mali 16 March 2008
Malta 4 July 2004
Marshall Islands - None International Protocol
Mauritania - Warsaw Convention
Mauritius 3 April 2017
Mexico 4 November 2003
Micronesia (Federated States of) - None International Protocol
Monaco 17 October 2004
Mongolia 4 December 2004
Montenegro 16 March 2010
Morocco 14 June 2010
Mozambique 28 March 2014
Myanmar - Warsaw Convention
Namibia 4 November 2003
Nauru - Warsaw Convention & Hague Protocol
Nepal 15 December 2018
Netherlands 28 June 2004
New Zealand 4 November 2003
Nicaragua - None International Protocol
Niger 1 April 2018
Nigeria 4 November 2003
Norway 28 June 2004
Oman 27 July 2007
Pakistan 17 February 2007
Palau - None International Protocol
Panama 4 November 2003
Papua New Guinea - Warsaw Convention & Hague Protocol
Paraguay 4 November 2003
Peru 4 November 2003
Philippines 18 December 2015
Poland 18 March 2006
Portugal 4 November 2003
Qatar 14 November 2005
South Korea 29 December 2007
Republic of Moldova 16 May 2009
Romania 4 November 2003
Russian Federation 21 August 2017
Rwanda 19 December 2015
Saint Kitts and Nevis - None International Protocol
Saint Lucia - None International Protocol
Saint Vincent and the Grenadines 28 May 2004
Samoa - Warsaw Convention & Hague Protocol
San Marino - None International Protocol
Sao Tome and Principe - None International Protocol
Saudi Arabia 14 December 2003
Senegal 6 November 2016
Serbia 4 April 2010
Seychelles 12 November 2010
Sierra Leone 24 January 2016
Singapore 16 November 2007
Slovakia 4 November 2003
Slovenia 4 November 2003
Solomon Islands - Warsaw Convention & Hague Protocol
Somalia - None International Protocol
South Africa 21 January 2007
South Sudan - None International Protocol
Spain 28 June 2004
Sri Lanka 18 January 2019
Sudan 17 October 2017
Suriname - Warsaw Convention & Hague Protocol
Swaziland 22 January 2017
Sweden 28 June 2004
Switzerland 5 September 2005
Syrian Arab Republic 4 November 2003
Tajikistan - None International Protocol
Thailand 2 October 2017
The former Yugoslav Republic of Macedonia 4 November 2003
Timor-Leste - None International Protocol
Togo 26 November 2016
Tonga 19 January 2004
Trinidad and Tobago - Warsaw Convention & Hague Protocol
Tunisia 20 November 2018
Turkey 26 March 2011
Turkmenistan - Warsaw Convention
Tuvalu - None International Protocol
Uganda 27 January 2018
Ukraine 5 May 2009
United Arab Emirates 4 November 2003
United Kingdom of Great Britain and Northern Ireland 28 June 2004
United Republic of Tanzania 4 November 2003
United States of America 4 November 2003
Uruguay 4 April 2008
Uzbekistan - Warsaw Convention & Hague Protocol
Vanuatu 8 January 2006
Venezuela (Bolivarian Republic of) - Warsaw Convention & Hague Protocol
Viet Nam 26 November 2018
Yemen - Warsaw Convention & Hague Protocol
Zambia Signed. Not ratified
Zimbabwe - Warsaw Convention & Hague Protocol

See also

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References

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  1. ^abSignatures and ratifications.
  2. ^A 73-Year Odyssey: The Time Has Come For a New International Air Liability System.
  3. ^"2019 Revised Limits of Liability Under the Montreal Convention of 1999".icao.int.
  4. ^"MC99"(PDF).Archived fromthe original(PDF)on 16 May 2018.Retrieved25 May2020.
  5. ^"The Montreal Convention 1999 (MC99)".iata.org.
  6. ^"17 – Convention for the Unification of Certain Rules for International Carriage by Air – Montreal, 28 May 1999".uio.no.28 May 1999.
  7. ^2009 Pel-Air Westwind ditching
  8. ^ab"Pel-Air crash survivor Karen Casey entitled to compensation for psychological trauma, Nick Xenophon says".Austrlia: ABC News. 22 March 2015.
  9. ^"Karen Casey, Pel-Air crash survivor tells of PTSD on 4 Corners".News.au.
  10. ^ab"CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959".austlii.edu.au.
  11. ^"ABC – Australian Broadcasting Corporation".Australian Broadcasting Corporation.
  12. ^"Ditched".Australian Broadcasting Corporation. 23 March 2015.
  13. ^Scope of Liability.
  14. ^(EC)1107/2006.
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