Air Transportation Law

Transport law & insurance

Prepared by:
Abd El-Razek Ali
Ahmed Alaa
Mohamed EL-Dalatony
Mohamed EL-Gendy
Mohamed Rezk
Supervisor:
Dr. Tarek Abou EL-Ella
PhD Commercial & Maritime Law
Outlines
 INTRODUCTION
 ICAO
 IATA
 WARSAW CONVENTION
 MONTREAL CONVENTION
 WARSAW CONVENTION VS. MONTREAL CONVENTION
 APPENDIX
 References
Introduction
The topic of air transportation well be discussed based on international organizations and conventions
related to air transportation. The most important organizations in air transportation are The
International Air Transport Association (IATA) and The International Civil Aviation Organization (ICAO).
The most conventions in air transportation are The Warsaw Convention and The Montreal Convention.
Moreover, Exoneration & Limitation of the carrier‘s liability will be included.
ICAO
About ICAO
The International Civil Aviation Organization (ICAO) is a UN specialized agency, established by States in
1944 to manage the administration and governance of the Convention on International Civil Aviation
(Chicago Convention).

ICAO works with the Convention’s 192 Member States and industry groups to reach consensus on
international civil aviation Standards and Recommended Practices (SARPs) and policies in support of a
safe, efficient, secure, economically sustainable and environmentally responsible civil aviation sector.
These SARPs and policies are used by ICAO Member States to ensure that their local civil aviation
operations and regulations conform to global norms, which in turn permits more than 100,000 daily
flights in aviation’s global network to operate safely and reliably in every region of the world.

In addition to its core work resolving consensus-driven international SARPs and policies among its
Member States and industry, and among many other priorities and programmes, ICAO also coordinates
assistance and capacity building for States in support of numerous aviation development objectives;
produces global plans to coordinate multilateral strategic progress for safety and air navigation;
monitors and reports on numerous air transport sector performance metrics; and audits States’ civil
aviation oversight capabilities in the areas of safety and security.

Foundation of the International Civil Aviation Organization

The consequence of the studies initiated by the US and subsequent consultations between the Major
Allies was that the US government extended an invitation to 55 States or authorities to attend, in
November 1944, an International Civil Aviation Conference in Chicago. Fifty-four States attended this
Conference end of which a Convention on International Civil Aviation was signed by 52 States set up the
permanent International Civil Aviation Organization (ICAO) as a means to secure international co-
operation an highest possible degree of uniformity in regulations and standards, procedures and
organization regarding civil aviation matters. At the same time the International Services Transit
Agreement and the International Air Transport Agreement were signed.

The most important work accomplished by the Chicago Conference was in the technical field because
the Conference laid the foundation for a set of rules and regulations regarding air navigation as a whole
which brought safety in flying a great step forward and paved the way for the application of a common
air navigation system throughout the world.

Because of the inevitable delays in the ratification of the Convention, the Conference had signed an
Interim Agreement, which foresaw the creation of a Provisional International Organization of a technical
and advisory nature with the purpose of collaboration in the field of international civil aviation (PICAO).
This Organization was in operation from August 1945 to April 1947 when the permanent ICAO came into
being. Its seat was in Montreal, Canada and in 1947 the change from PICAO to ICAO was little more than
a formality. However, it also brought about the end of ICAN because, now that ICAO was firmly
established, the ICAN member States agreed to dissolve ICAN by naming ICAO specifically as its
successor Organization.
From the very assumption of activities of PICAO/ICAO, it was realized that the work of the Secretariat,
especially in the technical field, would have to cover two major activities:

 those which covered generally applicable rules and regulations concerning training and licensing
of aeronautical personnel both in the air and on the ground, communication systems and
procedures, rules for the air and air traffic control systems and practices, airworthiness
requirements for aircraft engaged in international air navigation as well as their registration and
identification, aeronautical meteorology and maps and charts. For obvious reasons, these
aspects required uniformity on a world-wide scale if truly international air navigation was to
become a possibility. Activities in these fields had therefore to be handled by a central agency,
i.e. ICAO headquarters, if local deviations or separate developments were to be avoided;

 those concerning the practical application of air navigation services and facilities by States and
their coordinated implementation in specific areas where operating conditions and other
relevant parameters were comparable.

To meet the latter objective, it was agreed to sub-divide the surface of the earth into a number of
"regions" within which distinct and specific air navigation problems of a similar nature existed. A typical
example of this process is illustrated by a comparison of the so-called "North Atlantic Region (NAT)",
where the primary problems concern long-range overseas navigation, with the "European-
Mediterranean region (EUR)" where the co-ordination of trans-European operations with domestic and
short-range international traffic constitutes the major problem. Once the regions created, it was
necessary to provide bodies which were able to assist States in the resolution of their specific "regional"
problems and it was agreed that this could best be achieved by the creation of a number of Regional
Offices which were to be located either in the Region they served or, if more than one Region was to be
served by such an Office, as close as possible to the Region concerned.

As a consequence of the above ICAO adopted the concept of Regions and Regional Offices on the
understanding that any regional activities could only be undertaken provided they did not conflict with
the world-wide activities of the Organization. However, it was also recognized that such activities could
vary from Region to Region taking into account the general economic, technical or social environment of
the Region concerned.

Assembly
The Assembly, comprised of all Member States of ICAO, meets not less than once in three years and is
convened by the Council at a suitable time and place. An extraordinary meeting of the Assembly may be
held at any time upon the call of the Council or at the request of not less than one-fifth of the total
number of Member States.

The Assembly has numerous powers and duties, among them to: elect the Member States to be
represented on the Council; examine and take appropriate action on the reports of the Council and
decide any matter reported to it by the Council; and approve the budgets of the Organization. The
Assembly may refer, at its discretion, to the Council, to subsidiary commissions or to any other body any
matter within its sphere of action. It can delegate to Council the powers and authority necessary or
desirable for the discharge of the duties of ICAO and revoke and modify the delegations of authority at
any time; and deal with any matter within the sphere of action of ICAO not specifically assigned to the
Council. In general, it reviews in detail the work of the Organization in the technical, administrative,
economic, legal and technical cooperation fields. It has the power to approve amendments to the
Convention on International Civil Aviation (Chicago, 1944), which are subject to ratification by Member
States.

The ICAO Council

The Council is a permanent body of the Organization responsible to the Assembly. It is composed of 36
Member States elected by the Assembly for a three-year term. In the election, adequate representation
is given to States of chief importance in air transport, States not otherwise included but which make the
largest contribution to the provision of facilities for international civil air navigation and States not
otherwise included whose designation will ensure that all major geographic areas of the world are
represented on the Council.

The Council convenes the Assembly.

The Council has numerous functions, notable among which are to submit annual reports to the
Assembly; carry out the directions of the Assembly; and discharge the duties and obligations which are
laid on it by the Convention on International Civil Aviation (Chicago, 1944). It also administers the
finances of ICAO; appoints and defines the duties of the Air Transport Committee, as well as the
Committee on Joint Support of Air Navigation Services, the Finance Committee, the Committee on
Unlawful Interference, the Technical Co-operation Committee and the Human Resources Committee. It
appoints the Members of the Air Navigation Commission and it elects the members of the Edward
Warner Award Committee.

Another key function of the Council is to appoint the Secretary General.

As one of the two governing bodies of ICAO, the Council gives continuing direction to the work of ICAO.
In this regard, one of its major duties is to adopt international Standards and Recommended Practices
(SARPs) and to incorporate these as Annexes to the Chicago Convention. The Council may also amend
existing Annexes as necessary.

On occasion, the Council may act as an arbiter between Member States on matters concerning aviation
and the implementation of the provisions of the Convention; it may investigate any situation which
presents avoidable obstacles to the development of international air navigation and, in general, it may
take necessary steps to maintain the safety and regularity of international air transport.

Air Navigation Commission

The Air Navigation Commission (ANC) considers and recommends Standards and Recommended
Practices (SARPs) and Procedures for Air Navigation Services (PANS) for adoption or approval by the
ICAO Council.

The Commission is composed of nineteen members who have “suitable qualifications and experience in
the science and practice of aeronautics”, as outlined in the Convention on International Civil Aviation
(Chicago Convention). Although ANC Commissioners are nominated by specific ICAO Member States,
and appointed by the Council, they do not represent the interest of any particular State or Region.
Rather they act independently and utilize their expertise in the interest of the entire international civil
aviation community.

Additionally, a number of persons from States and industry participate in the ANC as observers.

The ANC is tasked by the Council to manage the technical work programme of ICAO and, since its
establishment, the Commission has considered and recommended SARPs comprising 17 out of the 19
Annexes to the Chicago Convention – including the most recent introduction of the new Annex 19 on
Safety Management. Details on how SARPs and PANS are developed (the standards-making process), as
well as the associated air navigation work programme, are provided below.

Under the approval of the Council, the ANC typically convenes for three sessions each year to address
matters within its work programme. Each session typically lasts nine weeks including a three-week
recess.

The key challenges faced by the ANC include maintaining and improving aviation safety and air
navigation efficiency while integrating increased traffic into the current aviation infrastructure,
introducing advanced systems, as well as proactively identifying risks and devising mitigation measures
in accordance with the ICAO Global Aviation Safety Plan (GASP) and the Global Air Navigation Plan
(GANP).

Secretary General
The Secretary General of ICAO is head of the Secretariat and chief executive officer of the Organization
responsible for general direction of the work of the Secretariat. The Secretary General provides
leadership to a specialized international staff working in the field of international civil aviation. The
Secretary General serves as the Secretary of the Council of ICAO and is responsible to the Council as a
whole and, following established policies, carries out the duties assigned by the Council, and makes
periodic reports to the Council covering the progress of the Secretariat activities.

The Secretariat consists of five main divisions: the Air Navigation Bureau, the Air Transport Bureau, the
Technical Co-operation Bureau, the Legal Affairs and External Relations Bureau, and the Bureau of
Administration and Services. The Secretary General is also directly responsible for the management and
effective work performance of the activities assigned to the Office of the Secretary General relating to
Finance, Evaluation and Internal Audit, Communications, and seven Regional Offices.

The Council of ICAO appointed Dr. Fang Liu (China) as Secretary General of the Organization for a three-
year term, from 1 August 2015 to 31 July 2018.

Bureaus
 Air Navigation Bureau
 Air Transport Bureau
 Legal Affairs and External Relations Bureau
 Technical Co-operation Bureau
 Bureau of Administration and Services

Air Navigation Bureau

The Air Navigation Bureau manages the Safety and Air Navigation Capacity and Efficiency strategies of
ICAO in a partnership with aviation stakeholders. This work is carried out within a framework with the
following elements:

 Policy and Standardization,

 Safety and Infrastructure Monitoring,
 Safety and Infrastructure Analysis, and
 Safety and Infrastructure Implementation.

The ANB also leads ICAO’s efforts related to crises and contingencies.

Policy and Standardization

Under the organization's Safety and Infrastructure Policy and Standardization strategy, the Air
Navigation Bureau develops and maintains the Global Aviation Safety Plan and the Global Air Navigation
Plan. These are put into action by all the sections within the ANB, all the Regional Offices of the
organization as well as through Regional Aviation Safety Groups (RASGs) and Regional Planning and
Implementation Groups (PIRGs) both of which include States and Aviation Partners from within a
defined region.

Aviation risks are often complex and require a coordinated multi-disciplinary response with all
stakeholders involved. Click on the safety initiatives listed on the left to find out more about how ICAO
and its partners are addressing these.

Air Transport Bureau

The Air Transport Bureau supports the implementation of the Strategic Objectives of ICAO in particular:
Security and Facilitation; Economic Development of Air Transport; and Environmental Protection. This
Bureau also contributes towards Safety.

The Bureau works under the direction of the Council, Air Transport Committee, the Committee on
Unlawful Interference and the Committee on Joint Support of Air Navigation Services. Secretariat
support is provided to the Committee on Aviation Environmental Protection (CAEP), which is a
Committee of Council.

Aviation Security and Facilitation

ICAO plays an essential leadership role in the field of aviation security with the ultimate goal of
enhancing civil aviation security worldwide. To this end, its efforts are focused primarily on developing
and coordinating an effective global policy and legal framework in response to the evolving threat to
civil aviation, conducting audits that identify aviation security shortcomings, and assisting States in
implementing security Standards and resolving deficiencies.

Environment

In the environmental area, ICAO’s overall objective is to enhance the sustainability of international
aviation operations by minimizing aircraft noise and the impact of engine emissions on local air quality
and the global climate. In this field, ATB focuses on: quantifying the impact of aviation on the
environment through the development of methodologies, tools, models and databases; and establishing
policies, standards and recommended practices to address the impact of aviation on the environment
through technological, operational and market-based measures.

Economic Development

The Bureau’s activities in the economic fields are linked to the sustainability of air transport
development. In this regard, the Bureau is responsible for developing, promoting and disseminating
policies and guidance materials on major regulatory issues linked to the economic regulation and
liberalization of international air transport and to the economics of airports and air navigation services.
Of paramount importance is the availability of a wide range of reliable and robust aviation data.
Towards this purpose, ATB manages the Statistics Programme, the forecasting activities and the
economic studies, enabling the provision of authoritative information on present and future air
transport development.

In addition to supporting the Strategic Objectives above, ATB administers:

 the Joint Financing Agreements with Denmark and Iceland for the provision certain North
Atlantic air navigation services (DEN/ICE);
 the Arrangement on the Joint Financing of the North Atlantic Height Monitoring System (HMS);
 the Agreement on the Sharing of Costs of the Satellite Distribution System for information
relating to Air Navigation (SADIS); and
 the ICAO Public Key Directory is the main global distribution point for public signing key
certificates from all issuers of ePassports.

Legal Affairs and External Relations Bureau

Legal functions

The Bureau provides advice and assistance to the Secretary General and through him to Council and
other bodies of the Organization and to ICAO Member States on constitutional, administrative and
procedural matters, on problems of international law, air law, commercial law, labour law and related
matters. The Bureau also conducts research and studies in the field of private and public international
air law, prepares documentation for, and serves as the Secretariat of the Legal Committee: relevant
bodies of the Assembly; and Diplomatic Conferences which adopt multilateral treaties on international
air law.

The Bureau is responsible for the depositary functions of ICAO under several treaties, as well as the
registration of agreements or arrangements pursuant to Articles 81 and 83 of the Chicago Convention.

The functions of the Legal Bureau also include cooperation and coordination in legal activities with the
United Nations and other international organizations, including the implementation of ICAO’s Policy on
Regional Cooperation involving Regional Organizations and regional civil aviation bodies.

External Relations functions

The Bureau is responsible for reviewing, advising on and coordinating ICAO's relations with member and
non-member States, the Organizations of the United Nations Common System and with other
international organizations.
The Bureau monitors activities of the international system which are of mutual interest to ICAO, the
United Nations and other international organizations, directs attention to international affairs and
political developments which may affect ICAO, and makes arrangements for the representation of the
Organization at meetings of other organizations.

The Bureau also provides policy guidance and advice on matters relating to the privileges and
immunities granted to the Organization, national representatives and staff of the Secretariat. It acts as
the focal point for ICAO's relations with the Host States of the Organization's Headquarters and of the
Regional Offices, and is responsible for arranging and supervising the ICAO Familiarization Course.

Technical Cooperation Bureau

ICAO’s Technical Co-operation Programme provides advice and assistance in the development and
implementation of projects across the full spectrum of civil aviation aimed at the safety, security,
environmental protection and sustainable development of national and international civil aviation. The
Programme is conducted under the broad policy guidance of the ICAO Assembly and of the Council.
Subject to general guidance by the Secretary General, the Technical Co-operation Programme is
executed by the Technical Co-operation Bureau (TCB).

Since its establishment in 1952, TCB has implemented civil aviation projects with an accumulated value
in excess of US$ 2 billion. With an average annual programme size of over US$ 120 million, it is involved
in approximately 250 projects each year with individual project budgets ranging from less than US$ 20
000 to over US$ 120 million. To date, TCB has provided assistance to over 115 countries, deploying
annually approximately 1200 international and national experts.

As part of ICAO, a non-profit organization, TCB can offer its services under most favourable and cost-
effective condition and guarantees strict neutrality, objectivity and transparency, as it does not
represent any particular national or commercial interest, nor the interest of any donor in general. Its
advice is therefore governed by objective technical and financial considerations.

Bureau of Administration and Services

The Bureau of Administration and Services (ADB) is responsible for providing the administrative support
required by the Organization and plays a leading role in its effective and efficient administrative
management. ADB guides ICAO towards results-based management and a performance-oriented
organizational culture to meet the needs of Member States, industries and other customers as well as
the general public.

The Bureau performs its functions through:

 Providing high-quality human resources and services as well as efficient administrative and
management processes.
 Applying the highest standards of work ethics and conduct, and advancing human resource
management to meet changing needs of the Organization.
 Using results-based management skills and tools to support the Organization in achieving its
strategic objectives.

High-Quality Human Resources

ADB focuses on the attraction, retention and motivation of a competent and diverse international
workforce in order to meet the changing needs of the Organization. The Bureau promotes the highest
standards of work ethics and conduct as well as effective performance management to support a
results-oriented organizational culture. ADB is also committed to strategic training and staff
development activities in order to ensure that staff develop and retain the highest level of technical
knowledge and competencies which are required to serve the Organization.

Effective Information Management

ADB assumes a leading role in information management activities throughout the Organization. The
Bureau aims at modernizing administrative processes by moving towards fully electronic workflows and
a paperless environment. ADB also provides optimized IT services to the technical Bureaus of ICAO in
order to support them in achieving the Organization’s strategic objectives.

Linguistic Excellence

ADB covers all the language requirements for the Organization, from interpretation for meetings to
translation and publication services in the six working languages of ICAO. The Bureau delivers high-
quality documentation in a timely manner and ensures parity among all six languages, both in terms of
simultaneous distribution of documents and in the provision of skilled interpretation.

Other Core Activities

Other core activities of the Bureau relate to the management and the provision of services to the
Governing Bodies and ICAO Secretariat in areas of meetings and conferences organization, office
services, records and documents management and administration. All activities are exercised by
encouraging a creative, open-minded approach to adopt best practices in order to modernize
administration and services throughout the Organization.

Strategic Objectives
In its ongoing mission to support and enable a global air transport network that meets or surpasses the
social and economic development and broader connectivity needs of global businesses and passengers,
and acknowledging the clear need to anticipate and manage the projected doubling of global air
transport capacity by 2030 without unnecessary adverse impacts on system safety, efficiency,
convenience or environmental performance, ICAO has established five comprehensive Strategic
Objectives:

Safety:

Enhance global civil aviation safety. This Strategic Objective is focused primarily on the State's regulatory
oversight capabilities. The Global Aviation Safety Plan (GASP) outlines the key activities for the
triennium.

Air Navigation Capacity and Efficiency:

Increase the capacity and improve the efficiency of the global civil aviation system. Although functionally
and organizationally interdependent with Safety, this Strategic Objective is focused primarily on
upgrading the air navigation and aerodrome infrastructure and developing new procedures to optimize
aviation system performance. The Global Air Navigation Capacity and Efficiency Plan (Global Plan)
outlines the key activities for the triennium.

Security & Facilitation:

Enhance global civil aviation security and facilitation. This Strategic Objective reflects the need for ICAO's
leadership in aviation security, facilitation and related border security matters.

Economic Development of Air Transport:

Foster the development of a sound and economically-viable civil aviation system. This Strategic
Objective reflects the need for ICAO's leadership in harmonizing the air transport framework focused on
economic policies and supporting activities.

Environmental Protection:

Minimize the adverse environmental effects of civil aviation activities. This Strategic Objective fosters
ICAO's leadership in all aviation-related environmental activities and is consistent with the ICAO and UN
system environmental protection policies and practices.

How ICAO Develops Standards

The establishment and maintenance of international Standards and Recommended Practices (SARPs), as
well as Procedures for Air Navigation (PANS), are fundamental tenets of the Convention on International
Civil Aviation (Chicago Convention) and a core aspect of ICAO’s mission and role.

SARPs and PANS are critical to ICAO Member States and other stakeholders, given that they provide the
fundamental basis for harmonized global aviation safety and efficiency in the air and on the ground, the
worldwide standardization of functional and performance requirements of air navigation facilities and
services, and the orderly development of air transport.

Today, ICAO manages over 12,000 SARPs across the 19 Annexes and five PANS to the Convention, many
of which are constantly evolving in concert with latest developments and innovations.

The development of SARPs and PANS follows a structured, transparent and multi-staged process – often
known as the ICAO “amendment process” or “standards-making process” – involving a number of
technical and non-technical bodies which are either within the Organization or closely associated with
ICAO.

Typically, it takes approximately two years for an initial proposal for a new or improved Standard,
Recommended Practice or procedure to be formally adopted or approved for inclusion in an Annex or a
PANS. Occasionally, this timescale can be expanded or compressed depending on the nature and priority
of the proposal under consideration.
IATA
About IATA
The International Air Transport Association (IATA) is the trade association for the world’s airlines,
representing some 275 airlines or 83% of total air traffic. We support many areas of aviation activity and
help formulate industry policy on critical aviation issues.

History of IATA
 Foundation of IATA
 The Early Days

Foundation of IATA
 The old IATA was able to start small and grow gradually...
 By the end of the world war 1 in 1919, The International air traffic association was founded in
The Hague...
 It was also limited to a European dimension until 1939 when Pan American joined
 Afterwards by the end of the world war 2 in 1945, the international air transport association
came as a successor in April 1945, and it is founded in Havana, Cuba ... which had at its founding
57 members from 31 nations mostly in Europe and North America
 IT was considered as the prime vehicle for the inter-airline cooperation in promoting safe and
economical air services
 nowadays, the international scheduled air transport industry became 100 times larger than it
was in 1945

The Early Days

 Immediately after 1945 (after the end of the world war 2) IATA had to handle worldwide
responsibilities with a more systematic organization and a larger infrastructure.

II- Mission
 To represent
 To lead
 To serve

The airline industry

To represent

 IATA seeks to improve understanding of the industry among decision makers and increase
awareness of the benefits that aviation brings to national and global economies. It fights for the
interests of airlines across the globe, challenging unreasonable rules and charges, holding
regulators and governments to account, and striving for sensible regulation.

To lead
  IATA's aim is to help airlines help themselves by simplifying processes and increasing passenger
convenience while reducing costs and improving efficiency. The groundbreaking Simplifying the
Business initiative is crucial in this area. Moreover, safety is IATA's number one priority, and
IATA's goal is to continually improve safety standards, notably through IATA's Operational Safety
Audit (IOSA). Another main concern is to minimize the impact of air transport on the
environment.

To serve

 IATA ensures that people and goods can move around the global airline network as easily as if
they were on a single airline in a single country. In addition, it provides essential professional
support to all industry stakeholders with a wide range of products and expert services, such as
publications, training and consulting. IATA's financial systems also help carriers and the travel
industry maximize revenues.

Membership
 Formal membership: Formal IATA membership only applies to airlines.
 other industry partners can participate in different IATA programs and benefit from a wealth of
resources to carry out their operations
 Airlines: IATA membership is open to both scheduled and non-scheduled airlines.
 Travel Agencies & other Travel and Tourism intermediaries: travel and tourism accreditation and
code services simplify the business relationship between agents and airlines as well as other
tourism service providers.
 Freight Forwarders: IATA accreditation provides industry recognition for cargo agents.
 Industry Suppliers: IATA Strategic Partnerships program allows suppliers and service providers to
interact with IATA and its member airlines in the development of industry solutions.

Why Become an IATA Airline Member?

 Airline members of IATA enjoy the support of an internationally renowned organization that
represents, leads and serves one of the most dynamic industries in the world.
 From 57 founding members in 1945, IATA now represents some 240 airlines in over 115
countries from around the globe. Carrying 84% of the world’s air traffic, IATA members include
the world’s leading passenger and cargo airlines.

Who can be an IATA?

IATA membership is open to airlines operating both scheduled and nonscheduled services and covers
two categories:

 Active membership, for airlines operating either international services or international and
domestic services.
 Associate membership, for airlines operating domestic services only.

what are the requirements of membership?

 The IATA Operational Safety Audit (IOSA) is a pre-requisite of IATA membership.
What are the benefits of membership?
IATA provides a powerful, unified and experienced voice which supports and promotes the interests of
its members in a number of different ways including:

 International recognition and lobbying

 Targeting key industry priorities
 Driving industry change
 Reducing costs
 Communication
 Training and other services.
IV- How it functions
IATA Organization Structure

(1 December, 2017)
Human Capital

 These professional and vocational programs transfer knowledge and expertise to promote
leadership, commercial success, and industry standards on a global scale for the sake of
developing human capital Environment Building a greener future
 IATA has a vision for the airline industry to achieve carbon neutral growth in the medium term
and to build a plane that produces no emissions within 50 years.

IATA Economics

 IATA analysis of proposed changes to UK Air Passenger Duty indicates they would be positive for
the broader economy and address inequities of the current system

Legal, Government & Industry Affairs

 IATA manages regulatory affairs and policy matters on behalf of its airline members

V- Future development
Berlin 2010

IATA unveiled its vision for a better future for the aviation industry

VISION 2050

The air transfer industry will focus on:

 Zero accidents
 Reducing carbon footprint
 Reducing delays
 Increasing profitability
 Reshaping infrastructure
 Find sustainable aircraft fuel
 Enhance customer satisfaction

The process is launched in Singapore 2011

strategic thinkers from around the 35 globe They represented all stakeholder groups, including:

 Governments
 Regulators
 Air lines
 Manufacturers
 Technologists
 Financiers
 Air ports
 Air navigation service providers
 Labor
 Consumers
Warsaw Convention
The Convention for the Unification of certain rules relating to international carriage by air, commonly
known as the Warsaw Convention, is an international convention which regulates liability for
international carriage of persons, luggage, or goods performed by aircraft for reward.

Originally signed in 1929 in Warsaw (hence the name), it was amended in 1955 at The Hague,
Netherlands, and in 1971 in Guatemala City, Guatemala. United States courts have held that, at least for
some purposes, the Warsaw Convention is a different instrument from the Warsaw Convention as
amended by The Hague Protocol.

History
On 17 August 1923, the French government proposed the convening of a diplomatic conference in
November 1923 for the purpose of concluding a convention relating to liability in international carriage
by air. The conference was formally deferred on two occasions due to reluctant behavior of the
governments of various nations to act on such a short notice without the knowledge of the proposed
convention. Finally, between 27 October and 6 November, the first conference met in Paris to study the
draft convention. Since most of the participants were diplomats accredited to the French government
and not professionals, it was agreed unanimously that a body of technical, legal experts be set up to
study the draft convention prior to its submission to the diplomatic conference for approval.
Accordingly, the International Technical Committee of Legal Experts on Air Questions (Comité
International Technique d’Experts Juridiques Aériens, CITEJA) was formed in 1925. In 1927–28 CITEJA
studied and developed the proposed draft convention and developed it into the present package of
unification of law and presented it at the Warsaw Conference, where it was approved between 4 and 12
October 1929. It unified an important sector of private air law.

The Convention was written originally in French and the original documents were deposited in the
archives of the Ministry for Foreign Affairs of Poland. After coming into force on 13 February 1933, it
resolved some conflicts of law and jurisdiction.

Between 1948–51 it was further studied by a legal committee set up by the International Civil Aviation
Organization (ICAO) and in 1952 a new draft was prepared to replace the convention. However, it was
rejected and it was decided that the convention be amended rather than replaced in 1953. The work
done by the legal committee at the Ninth Session was presented to the International Conference on Air
Law which was convened by the Council of the ICAO and met at The Hague from 6 to 28 September
1955. The Hague Conference adopted a Protocol (The Hague Protocol) for the amendment of the
Warsaw Convention. Between the parties of the Protocol, it was agreed that the 1929 Warsaw
Convention and the 1955 Hague Protocol were to be read and interpreted together as one single
instrument to be known as the Warsaw Convention as amended at The Hague in 1955. This was not an
amendment to the convention but rather a creation of a new and separate legal instrument that is only
binding between the parties. If one nation is a party to the Warsaw Convention and another to The
Hague Protocol, neither state has an instrument in common and therefore there is no mutual
international ground for litigation.

Content
There are five chapters:

 Chapter I – Definitions
 Chapter II – Documents of Carriage; Luggage and Passenger Ticket
 Chapter III – Liability of the Carrier
 Chapter IV – Provisions Relating to Combined Carriage
 Chapter V – General and Final Provisions

In the convention there is a provision of successive carriage and a combined carriage partly by air and
partly by other modes of transport as well.

In particular, the Warsaw Convention:

 Defines "international carriage" and the convention's scope of applicability

 Sets rules for documents of carriage

 Sets rules for the air carrier's liability and limitations thereof

 Sets rules for legal jurisdiction

 Mandates carriers to issue passenger tickets;

 Requires carriers to issue baggage checks for checked luggage;

 Creates a limitation period of two years within which a claim must be brought (Article 29); and

 Limits a carrier's liability to at most:

 250,000 Francs or 16,600 special drawing rights (SDR) for personal injury;

 17 SDR per kilogram (pound) for checked luggage and cargo, or US$20 per kilogram
(pound) for non-signatories of the amended Montreal Convention;

 5,000 Francs or 332 SDR for the hand luggage of a traveller.

The sums limiting liability were originally given in gold francs (defined in terms of a particular quantity of
gold by article 22 paragraph 5 of the convention). These sums were amended by the Montreal
Additional Protocol No. 2 to substitute an expression given in terms of SDRs. These sums are valid in the
absence of a differing agreement (on a higher sum) with the carrier. Agreements on lower sums are null
and void.
A court may also award a claiming party's costs, unless the carrier made an offer within 6 months of the
loss (or at least 6 months before the beginning of any legal proceedings) which the claiming party has
failed to beat. The Warsaw Convention provides that a plaintiff can file a lawsuit at his or her discretion
in one of the following forums:

1. The carrier's principal place of business

2. The domicile of the carrier

3. The carrier's place of business through which the contract was made

4. The place of the destination

According to Clauses 17 and 18 of the Warsaw Convention, airline companies are liable for any damage
that occurs to passengers or their belongings during in-flight. However, airline companies will not be
held responsible if the damage results from the passenger's own fault or one of their temporary
servants such as doctors assisting ill passengers on their own initiative (Clause 20). To be covered by air
carriers, doctors should respond to the captain's call when it comes to assisting ill passengers. In such
cases, doctors are considered an airline's temporary servants who acted on the airline's
instructions. Major airlines are all covered by insurance to meet such contingencies and to cover doctors
who act as their temporary agents.
Montreal Convention
The Montreal Convention 1999 (MC99) establishes airline liability in the case of death or injury to
passengers, as well as in cases of delay, damage or loss of baggage and cargo. It unifies all of the
different international treaty regimes covering airline liability that had developed haphazardly since
1929. MC99 is designed to be a single, universal treaty to govern airline liability around the world.

Campaigning for global ratification

The global ratification of MC99 is an industry priority. MC99 gives consumers better protection and
compensation and facilitates faster air cargo shipments, while airlines enjoy greater certainty about the
rules affecting their liability. Universal ratification of MC99 by States will provide significant benefits to
all parties:

 Passengers will benefit from fairer compensation and greater protection.

Shippers and those involved in the air cargo supply chain will benefit from the ability to make
claims without the need for expensive and time consuming litigation. They will also be able to
replace paper documents of carriage, such as Air Waybills, with electronic versions, thus
facilitating faster and more efficient trade.
 IATA and FIATA (representing freight forwarders worldwide) are working collaboratively to
promote such adoption by states worldwide. The IATA-FIATA position paper (see below)
explains how MC99 will help develop trade.
 Finally, airlines will benefit from greater certainty about the rules governing their liability across
their international route network. IATA is thus advocating for the urgent ratification of MC99 by
all remaining states.

MC99 also establishes the legal framework that allows airlines to make use of electronic documentation
for shipments, thereby reducing costs and increasing efficiency.

Collaboration is key

However, only 127 of the 191 ICAO-contracting States, or 65% of the total are Parties to it. A number of
fast-growing aviation markets in Asia, such as Thailand, and Vietnam, have yet to sign up. This means
that a patchwork of liability regimes continue exists around the world. The result is unfairness, confusion
and complexity in determining which regime covers a particular passenger or cargo itinerary. Claims
handling and litigation from accidents or incidents are unnecessarily complicated.

Recognizing the significant benefits that MC99 offers, the 39th Assembly of the International Civil
Aviation Organization (ICAO) that took place in 2016 adopted Resolution A39-9. This urges all States that
have not done so to ratify MC99 as soon as possible. IATA is supporting this Resolution and is working
with governments to promote the benefits of MC99 and urge ratification.

Content
There are seven chapters:

 Chapter I - General Provisions

  Chapter II - Documentation and Duties of the Parties Relating to the Carriage of Passengers,
Baggage and Cargo
 Chapter III - Liability of the Carrier and Extent of Compensation for Damage
 Chapter IV - Combined Carriage
 Chapter V - Carriage by Air Performed by a Person other than the Contracting Carrier
 Chapter VI - Other Provisions
 Chapter VII - Final Clauses

Damages

Under the Montreal Convention, air carriers are strictly liable for proven damages up to 100,000.00
special drawing rights (SDR), a mix of currency values established by the International Monetary Fund
(IMF) equal to roughly $150,000 USD. [3] Where damages of more than 100,000.00 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. This defense is not
available where damages of less than 100,000.00 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 carry liability insurance.

The Montreal Convention was brought about mainly to amend liabilities to be paid to families for death
or injury whilst on board an aircraft.

No compensation purely for psychiatric injury

The Convention refuses to pay any compensation for psychiatric injury or damage unless inextricably
linked to the physical injury. [dubious – discuss] Purely psychiatric injury is not eligible for compensation
which has been criticised by people injured in plane accidents, legal experts and their families.

Australia

Australia changed its law so as to fit with the Montreal Convention including in some of the following
ways

 the removal of references to ‘personal injury’ and replaced with ‘bodily injury’ under the CACL
Act 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

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.

Leading Australian current affairs TV show 4 Corners on the government owned broadcaster ABC,
broadcast a program focusing on the unfairness and injustice of excluding psychiatric injury on March
23, 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

The Montreal Convention changes and generally increases the maximum liability of airlines for lost
baggage to a fixed amount 1,131 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 1,131 SDR. At 21 days any delayed baggage is
considered lost, until the airline finds and delivers it.

Disabled passengers and mobility equipment

The limitation of compensation for damage to baggage to 1,131 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.

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 of passengers with reduced mobility when traveling by
air"[12] notes this disadvantage in relation to EC 1107/2006 "rights of disabled persons and persons
with reduced mobility when traveling by air".

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.
MONTREAL VERSUS WARSAW
WARSAW CONVENTION MONTREAL CONVENTION
DATE OF October 12, 1929 May 28, 1999
EFFECTIVITY Ratified in the Philippines on November 9,
1959 and took effect on February 7, 1951
SCOPE This Convention applies to all This Convention applies to all international
international carriage of persons, luggage carriage of persons, baggage or cargo performed
or goods performed by aircraft for by aircraft for reward. It applies equally to
reward. It applies equally to gratuitous gratuitous carriage by aircraft performed by an
carriage by aircraft performed by an air air transport undertaking.
transport undertaking.
LIABILITY Article 17 Article 17 - Death and injury of passengers -
The carrier is liable for damage sustained damage to baggage
in the event of the death or wounding of 1. The carrier is liable for damage sustained in
a passenger or any other bodily injury case of death or bodily injury of a passenger
suffered by a passenger, if the accident upon condition only that the accident which
which caused the damage so sustained caused the death or injury took place on board
took place on board the aircraft or in the the aircraft or in the course of any of the
course of any of the operations of operations of embarking or disembarking.
embarking or disembarking. 2. The carrier liable for damage sustained in case
Article 18 of destruction or loss of, or of damage to,
1. The carrier is liable for damage checked baggage upon condition only that the
sustained in the event of the destruction event which caused the destruction, loss or
or loss of, or of damage to, any registered damage took place on board the aircraft or
luggage or any goods, if the occurrence during any period within which the checked
which caused the damage so sustained baggage was in the charge of the carrier.
took place during the carriage by air. However, the carrier is not liable if and to the
2. The carriage by air within the meaning extent that the damage resulted from the
of the preceding paragraph comprises the inherent defect, quality or vice of the baggage. In
period during which the luggage or goods the case of unchecked baggage, including
are in charge of the carrier, whether in an personal items, the carrier is liable if the damage
aerodrome or on board an aircraft, or, in resulted from its fault or that of its servants or
the case of a landing outside an agents.
aerodrome, in any place whatsoever. 3. If the carrier admits the loss of the checked
3. The period of the carriage by air does baggage, or if the checked baggage has not
not extend to any carriage by land, by sea arrived at the expiration of twenty-one days
or by river performed outside an after the date on which it ought to have arrived,
aerodrome. If, however, such a carriage the passenger is entitled to enforce against the
takes place in the performance of a carrier the rights which flow from the contract of
contract for carriage by air, for the carriage.
purpose of loading, delivery or 4. Unless otherwise specified, in this Convention
transshipment, any damage is presumed, the term "baggage" means both checked
subject to proof to the contrary, to have baggage and unchecked baggage.
been the result of an event which took Article 18 - Damage to cargo
place during the carriage by air. 1. The carrier is liable for damage sustained in
Article 19 the event of the destruction or loss of or damage
The carrier is liable for damage to, cargo upon condition only that the event
occasioned by delay in the carriage by air which caused the damage so sustained took
of passengers, luggage or goods. place during the carriage by air.
 2. However, the carrier is not liable if and to the
extent it proves that the destruction, or loss of,
or damage to, the cargo resulted from one or
more of the following:
(a) inherent defect, quality or vice of that cargo;
(b) defective packing of that cargo performed by
a person other than the carrier or its servants or
agents;
(c) an act of war or an armed conflict;
(d) an act of public authority carried out in
connection with the entry, exit or transit of the
cargo.
3. The carriage by air within the meaning of
paragraph 1 of this Article comprises the period
during which the cargo is in the charge of the
carrier.
4. The period of the carriage by air does not
extend to any carriage by land, by sea or by
inland waterway performed outside an airport.
If, however, such carriage takes place in the
performance of a contract for carriage by air, for
the purpose of loading, delivery or transhipment,
any damage is presumed, subject to proof to the
contrary, to have been the result of an event
which took place during the carriage by air. If a
carrier, without the consent of the consignor,
substitutes carriage by another mode of
transport for the whole or part of a carriage
intended by the agreement between the parties
to be carriage by air, such carriage by another
mode of transport is deemed to be within the
period of carriage by air.
Article 19 - Delay
The carrier is liable for damage occasioned by
delay in the carriage by air of passengers,
baggage or cargo. Nevertheless, the carrier shall
not be liable for damage occasioned by delay if it
proves that it and its servants and agents took all
measures that could reasonably be required to
avoid the damage or that it was impossible for it
or them to take such measures.
EXONERATION Article 20 Article 20 - Exoneration
OF LIABILITY 1. The carrier is not liable if he proves that If the carrier proves that the damage was caused
he and his agents have taken all necessary or contributed to by the negligence or other
measures to avoid the damage or that it wrongful act or omission of the person claiming
was impossible for him or them to take compensation, or the person from whom he or
such measures. she derives his or her rights, the carrier shall be
2. In the carriage of goods and luggage the wholly or partly exonerated from its liability to
carrier is not liable if he proves that the the claimant to the extent that such negligence
damage was occasioned by negligent or wrongful act or omission caused or
pilotage or negligence in the handling of contributed to the damage. When by reason of
the aircraft or in navigation and that, in all death or injury of a passenger compensation is
 other respects, he and his agents have claimed by a person other than the passenger,
taken all necessary measures to avoid the the carrier shall likewise be wholly or partly
damage. exonerated from its liability to the extent that it
Article 21 proves that the damage was caused or
If the carrier proves that the damage was contributed to by the negligence or other
caused by or contributed to by the wrongful act or omission of that passenger. This
negligence of the injured person the Court Article applies to all the liability provisions in this
may, in accordance with the provisions of Convention, including paragraph 1 of Article 21.
its own law, exonerate the carrier wholly
or partly from his liability.
NOTICE OF Article 26 Article 31 - Timely notice of complaints
CLAIM 1. Receipt by the person entitled to 1. Receipt by the person entitled to delivery of
delivery of luggage or goods without checked baggage or cargo without complaint is
complaint is prima facie evidence that the prima facie evidence that the same has been
same have been delivered in good delivered in good condition and in accordance
condition and in accordance with the with the document of carriage or with the record
document of carriage. preserved by the other means referred to in
2. In the case of damage, the person paragraph 2 of Article 3 and paragraph 2 of
entitled to delivery must complain to the Article 4.
carrier forthwith after the discovery of the 2. In the case of damage, the person entitled to
damage, and, at the latest, within three delivery must complain to the carrier forthwith
days from the date of receipt in the case after the discovery of the damage, and, at the
of luggage and seven days from the date latest, within seven days from the date of receipt
of receipt in the case of goods. In the case in the case of checked baggage and fourteen
of delay the complaint must be made at days from the date of receipt in the case of cargo.
the latest within fourteen days from the In the case of delay, the complaint must be made
date on which the luggage or goods have at the latest within twenty-one days from the
been placed at his disposal. date on which the baggage or cargo have been
3. Every complaint must be made in placed at his or her disposal.
writing upon the document of carriage or 3. Every complaint must be made in writing and
by separate notice in writing despatched given or dispatched within the times aforesaid.
within the times aforesaid. 4. If no complaint is made within the times
4. Failing complaint within the times aforesaid, no action shall lie against the carrier,
aforesaid, no action shall lie against the save in the case of fraud on its part.
carrier, save in the case of fraud on his
part.
DAMAGES Article 22 Article 21 - Compensation in case of death or
1. In the carriage of passengers the injury of passengers
liability of the carrier for each passenger 1. For damages arising under paragraph 1 of
is limited to the sum of 125,000 francs. Article 17 not exceeding 100,000 Special Drawing
Where, in accordance with the law of the Rights for each passenger, the carrier shall not be
Court seised of the case, damages may be able to exclude or limit its liability.
awarded in the form of periodical 2. The carrier shall not be liable for damages
payments, the equivalent capital value of arising under paragraph 1 of Article 17 to the
the said payments shall not exceed extent that they exceed for each passenger
125,000 francs. Nevertheless, by special 100,000 Special Drawing Rights if the carrier
contract, the carrier and the passenger proves that:
may agree to a higher limit of liability. (a) such damage was not due to the negligence
2. In the carriage of registered luggage or other wrongful act or omission of the carrier
and of goods, the liability of the carrier is or its servants or agents; or
limited to a sum of 250 francs per
kilogram, unless the consignor has made,
at the time when the package was handed (b) such damage was solely due to the
over to the carrier, a special declaration of negligence or other wrongful act or omission of a
the value at delivery and has paid a third party.
supplementary sum if the case so Article 22 - Limits of liability in relation to delay,
requires. In that case the carrier will be baggage and cargo
liable to pay a sum not exceeding the 1. In the case of damage caused by delay as
declared sum, unless he proves that that specified in Article 19 in the carriage of persons,
sum is greater than the actual value to the the liability of the carrier for each passenger is
consignor at delivery. limited to 4,150 Special Drawing Rights.
3. As regards objects of which the 2. In the carriage of baggage, the liability of the
passenger takes charge himself the carrier in the case of destruction, loss, damage or
liability of the carrier is limited to 5,000 delay is limited to 1,000 Special Drawing Rights
francs per passenger. for each passenger unless the passenger has
4. The sums mentioned above shall be made, at the time when the checked baggage
deemed to refer to the French franc was handed over to the carrier, a special
consisting of 65 « milligrams gold of declaration of interest in delivery at destination
millesimal fineness 900. These sums may and has paid a supplementary sum if the case so
be converted into any national currency in requires. In that case the carrier will be liable to
round figures. pay a sum not exceeding the declared sum,
unless it proves that the sum is greater than the
passenger's actual interest in delivery at
destination.
3. In the carriage of cargo, the liability of the
carrier in the case of destruction, loss, damage or
delay is limited to a sum of 17 Special Drawing
Rights per kilogram, unless the consignor has
made, at the time when the package was handed
over to the carrier, a special declaration of
interest in delivery at destination and has paid a
supplementary sum if the case so requires. In
that case the carrier will be liable to pay a sum
not exceeding the declared sum, unless it proves
that the sum is greater than the consignor's
actual interest in delivery at destination.
4. In the case of destruction, loss, damage or
delay of part of the cargo, or of any object
contained therein, the weight to be taken into
consideration in determining the amount to
which the carrier's liability is limited shall be only
the total weight of the package or packages
concerned. Nevertheless, when the destruction,
loss, damage or delay of a part of the cargo, or of
an object contained therein, affects the value of
other packages covered by the same air waybill,
or the same receipt or, if they were not issued,
by the same record preserved by the other
means referred to in paragraph 2 of Article 4, the
total weight of such package or packages shall
also be taken into consideration in determining
the limit of liability.
5. The foregoing provisions of paragraphs 1 and
2 of this Article shall not apply if it is proved that
the damage resulted from an act or omission of
 the carrier, its servants or agents, done with
intent to cause damage or recklessly and with
knowledge that damage would probably result;
provided that, in the case of such act or omission
of a servant or agent, it is also proved that such
servant or agent was acting within the scope of
its employment.
6. The limits prescribed in Article 21 and in this
Article shall not prevent the court from
awarding, in accordance with its own law, in
addition, the whole or part of the court costs and
of the other expenses of the litigation incurred
by the plaintiff, including interest. The foregoing
provision shall not apply if the amount of the
damages awarded, excluding court costs and
other expenses of the litigation, does not exceed
the sum which the carrier has offered in writing
to the plaintiff within a period of six months from
the date of the occurrence causing the damage,
or before the commencement of the action, if
that is later.

PRESCRIPTIVE Article 29 Article 35 - Limitation of actions

PERIOD 1. The right to damages shall be 1. The right to damages shall be extinguished if
extinguished if an action is not brought an action is not brought within a period of two
within two years, reckoned from the date years, reckoned from the date of arrival at the
of arrival at the destination, or from the destination, or from the date on which the
date on which the aircraft ought to have aircraft ought to have arrived, or from the date
arrived, or from the date on which the on which the carriage stopped.
carriage stopped. 2. The method of calculating that period shall be
2. The method of calculating the period of determined by the law of the court seized of the
limitation shall be determined by the law case.
of the Court seised of the case.
VENUE OF Article 28 Article 33 - Jurisdiction
ACTIONS 1. An action for damages must be 1. An action for damages must be brought, at the
(COURTS) brought, at the option of the plaintiff, in option of the plaintiff, in the territory of one of
the territory of one of the High the States Parties, either before the court of the
Contracting Parties, either before the domicile of the carrier or of its principal place of
Court having jurisdiction where the business, or where it has a place of business
carrier is ordinarily resident, or has his through which the contract has been made or
principal place of business, or has an before the court at the place of destination.
establishment by which the contract has 2. In respect of damage resulting from the death
been made or before the Court having or injury of a passenger, an action may be
jurisdiction at the place of destination. brought before one of the courts mentioned in
2. Questions of procedure shall be paragraph 1 of this Article, or in the territory of a
governed by the law of the Court seised of State Party in which at the time of the accident
the case. the passenger has his or her principal and
permanent residence and to or from which the
carrier operates services for the carriage of
passengers by air, either on its own aircraft or on
another carrier's aircraft pursuant to a
commercial agreement, and in which that carrier
conducts its business of carriage of passengers
by air from premises leased or owned by the
carrier itself or by another carrier with which it
has a commercial agreement.
3. For the purposes of paragraph 2,
(a) "commercial agreement" means an
agreement, other than an agency agreement,
made between carriers and relating to the
provision of their joint services for carriage of
passengers by air;
(b) "principal and permanent residence" means
the one fixed and permanent abode of the
passenger at the time of the accident. The
nationality of the passenger shall not be the
determining factor in this regard.
4. Questions of procedure shall be governed by
the law of the court seized of the case.
APPENDIX
 STRUCTURE OF ICAO SECRETARIAT 1 June 2017
 IATA Organization Structure 1 December, 2017
 Convention for the Unification of Certain Rules Relating to International Carriage by Air,
Signed at Warsaw on 12 October 1929 - Warsaw Convention 1929
 Convention for the Unification of Certain Rules for International Carriage by Air - Montreal, 28
May 1999
References
 https://www.icao.int
 http://www.iata.org
 https://en.wikipedia.org
 https://www.hg.org
 https://www.jus.uio.no
 https://www.researchgate.net/
 http://www.ekb.eg
