Appendix 1 to Chapter 2

SUMMARY OF RELEVANT INTERNATIONAL CONVENTIONS AND AGREEMENTS

DATE

PLACE

TITLE

CONTENT

October 1919

Paris

October 1929

Warsaw

Sovereignty over airspace. Standards for airworthiness. Certificates

of competency for crews. Definition of 'aircraft'.
Carrier's liability for damage caused to passengers, baggage and
goods. Damage caused by delay.

May 1933

Rome

May 1933

Rome

Convention Relating to the Regulation

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

September
1938

Brussels

December 1944

Chicago

December 1944

Chicago

December 1944

Chicago

June 1948

Geneva

Protocol Supplementing the Convention

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

Convention on the International

Recognition of Rights in Aircraft

Recognised the liability of carrier for damage caused on the ground.

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

Regulation of Civil Aviation. Led to the creation ofICAO.

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

October 1952

Rome

Convention on Damage by Foreign

Aircraft to Third Parties on the Surface

September
1955

The Hague

Protocol to Amend the Convention for

the Unification of Certain Rules
Relating to International Carriage by Air

April 1956

Paris

Multilateral Agreement on Commercial

Rights of Non-Scheduled Air Services in
Europe

April 1960

Paris

September
1961

Guadalajara

September
1963

Tokyo

Multilateral Agreement relating to

Certificates of Airworthiness for
Imported Aircraft
Convention Supplementary to the
Convention for the Unification of
Certain Rules Relating to International
Carriage by Air Performed by a Person
Other than the Contracting Carrier
Convention on Offences and Certain
Other Acts Committed on Board
Aircraft

December 1970

The Hague

Convention for the Suppression of

Unlawful Seizure of Aircraft

Replaced the 1933 Convention. Poor ratification. (USA, UK, Canada,

Germany and many other major players) refused to ratify because
compensation too low; National Law more powerful. El Al crash in
Holland, neither states contracting.
a. Removed exemptions for all except military aircraft
b. Raised compensation limit to 250 000 gold francs
c. Simplified the requirements for tickets and baggage checks
d. Made carrier liable for 'pilot error'
An ECAC convention. Covers international flights within Europe of a
non scheduled nature: Humanitarian and emergency; taxi class
services (seating limited to 6 and not to be re-sold); hiring by a single
person (or company); single flights.
ECAC agreement. Allows states to render valid an existing C of A or
issue a new one.
Covers charter services and 'wet-leasing'. Defines who the
contracting carrier and the actual carrier is in a charter or wet-lease
situation. Defines the liability of the carrieres).

a. Determines who's penal law is applicable

b. Defines the rights and obligations of the aircraft Commander
c. Defines the rights and obligations of the authorities of the state in
which the aircraft lands after
d. Defines unlawful seizure of aircraft
Applicable to domestic and international flights. Defines 'in flight'.
Allocates jurisdiction after offence committed:
a. State of Registration
b. State of landing if offender still on board
c. State of Operator
d. State in which offender is apprehended if that state does not
wish to extradite

March 1971

Guatemala
City

Protocol to Amend the Convention for

the Unification of Certain Rules
Relating to International Carriage by Air

September
1971

Montreal

Convention for the Suppression of

Unlawful Acts Against the Safety of
Civil Aviation

September
1971

Montreal

September
1975

Montreal

Supplementary to the Convention for the

Suppression of Unlawful Acts Against
the Safety of Civil Aviation
Additional Protocols (1 - 4) to Amend
the' Convention for the Unification of
Certain Rules Relating to International
Carriage by Air

September
1978

Montreal

Protocol to Amend the Convention on

Damage by Foreign Aircraft to Third
Parties on the Surface

Makes the carrier absolutely liable. Replaces 'fault' liability with

'risk' liability i.e. in the case of death or injury caused by sabotage or
hi-jacking. Limits liability to $100 000 for passengers and baggage
including negligence. Exceptions:
i) self inflicted or wilful damage by the claimant
iil death or injury resulting from ill health of passenger
Deals with a person who:
i) acts violently on board an aircraft
ii) destroys or damages an aircraft in service
iii) places an EOD or similar on board an aircraft
iv) destroys or damages a nav aid or interferes with operation
v) passes false information thus endangering an aircraft
Deals with offences committed at an airport serving international
aviation
a. Allows payment to be made in IMF Special Drawing Rights
(SDR)
b. Replaces limits in Hague Protocol with SDRs
c. Replaces limits in Guatemala Protocol with SDRs
d. Chan_ges liability regarding~oods - applies SDRs
Extended Rome 1952 to include damage caused by an aircraft
registered, the state of Operator is, or the operator lives or his place of
residence is - in another contracting state.

December 1982

Montego
Bay

UN Convention of the High Seas

September
1990
October 1995

Cyprus

The Convention of Cyprus

Kuala
Lumpur

IATA Intercarrier Agreement on

Passenger Liability

a. Air Piracy an offence

b. Hot pursuit permitted
c. Territorial waters extended to 12 nm
d. 200 nm economic zone respected - freedom to overfly
e. Right to transit straits without permission no longer allowed freedom to transit straits under 1st freedom reinforced
f. Established the authority of the Hamburg Court regarding disputes
of overflying rights in territorial waters, contiguous zones, etc ..
Established the JAA
Agreement by IA TA members to waive limitations of liability and
recoverable damages established by the Warsaw Convention.
Damages to be awarded by reference to the law of domicile of the
passenger.