INTERNATIONAL CONVENTION RELATED TO AVIATION

2. It is an international
convention which
regulates liability for
international carriage of
persons, luggage or
goods performed by
aircraft.

3. The Convention took place in Warsaw, on 12Oct 1929. Experts in the
field of Aviation law from thirty one nations, arrived in the Polish capital
to create a legal framework that still binds international aviation today.
It defines the liability of the carrier when there is loss or damage of
goods and luggage and well as injury or death of passenger as a result of
accidents on international flights.
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).

4.  It came into force on February 13, 1933.
 Warsaw was the first Treaty to address international passenger rights and
air carrier liabilities. It introduced the concept of Liability for most covered
accidents subject to significant limitations on damages
Hague protocol of 1955 and Montreal convention 1999 were significant
amendment to Warsaw convention 1929.
Thus the basic objective of Warsaw convention is:
 to establish worldwide uniform laws for claims arising out of
international aviation accidents and
 to limit the liability of the air carrier in order to protect the then
fledgling airline industry from the devastating effects of unlimited
liability for air disasters.

5.  The Montreal Convention 1999 is a multilateral treaty adopted by a
diplomatic meeting of ICAO member states in 1999.
 It amended important provisions of the Warsaw Convention's regime
concerning compensation for the victims of air disasters.
 It attempts re-establish uniformity and predictability of rules relating to the
international carriage of passengers, baggage and cargo.
 It unifies all of the different international treaty regimes covering airline
liability that had developed since 1929. MC99 is designed to be a single,
universal treaty to govern airline liability around the world.

6.  The Montreal Convention (MC99) applies in many situations including
delays, cancellations, overbooking, injury caused as a result of a
flight, and loss and damage to luggage.
 What’s crucial is that the Convention only applies to international
flights. It does not cover domestic flights that are flying within one
country.
 There are 135 parties to the Convention.
 India became 91st country to have ratified Montreal Convention
1999.

7. Carriage Performed by State and Carriage of Postal Items [Article 2 of
Montreal Convention]
1. This Convention applies to carriage performed by the State or by
legally constituted public bodies.
2. In the carriage of postal items, the carrier shall be liable only to the
the relevant postal administration in accordance with the rules
applicable to the relationship, between the carriers and the postal
administrations.
3. Except as provided in paragraph 2 of this Article, the provisions of this
of this Convention shall not apply to the carriage of postal items.

8. Article 4: Cargo
1. In respect of the carriage of cargo, an air waybill shall be delivered.

9. Article 8: Documentation for Multiple Packages
When there is more than one package:
(a) the carrier of cargo has the right to require the consignor to make out
out separate air waybills;
(b) the consignor has the right to require the carrier to deliver separate
separate cargo receipts.
Article 9 Non-compliance with Documentary Requirements
Non-compliance with the provisions shall not affect the existence or
validity of the contract of carriage, which shall, nonetheless, be subject to
subject to the rules of this Convention including those relating to limitation
limitation of liability.

10. Article 19: Delay
The carrier is liable for damage occasioned by delay in the carriage by
by air of passengers, baggage or cargo.
Nevertheless, the carrier shall not be liable for damage occasioned by
by delay if it proves that it and its servants and agents took all measures
measures that could reasonably be required to avoid the damage or
that it was impossible for it or them to take such measures.

11. International Civil Aviation Conference, Chicago, Illinois, U.S. [1 November to
7 December 1944]
The Chicago Convention (also known as the Convention on International Civil
Aviation), established the International Civil Aviation Organisation (ICAO) on
07 Dec 1944. The Convention was signed by 52 states. India is a Signatory to
the Chicago Convention.
The Convention establishes – rules of airspace, aircraft registration and
safety, and details the rights of the signatories in relation to air travel; it also
exempts air fuels from tax.

12.  ICAO is a specialized agency of the United Nations charged with
coordinating and regulating international air travel.
 ICAO came into being on 4 April 1947.
 ICAO now has 193 Member States.
Primary objective:
Development of international civil aviation in a safe and orderly manner, and
and such air transport services would be established on the basis of equality of
equality of opportunity and operated soundly and economically.
This agreement laid the foundation for the standards and procedures for
peaceful global air navigation.
Its core mandate was to help States to achieve the highest possible degree of
of uniformity in civil aviation regulations, standards, procedures, and
organization.

14. Convention On International Civil Aviation (Chicago Convention), 1944.
Consists of –
1. PREAMBLE
2. PARTS (total - 3)
o PART 1 AIR NAVIGATION
o PART 2 THE INTERNATIONAL CIVIL AVIATION ORGANIZATION
o PART 3 INTERNATIONAL AIR TRANSPORT
2a. CHAPTERS (total – 22)
2b. ARTICLES (total – 96)
3. SIGNATURE OF CONVENTION

15. ARTICLE 2 TERRITORY
For the purposes of this Convention the territory of a State shall be deemed to be the land areas
areas and territorial waters adjacent thereto under the sovereignty of such State.
ARTICLE 3 CIVIL AND STATE AIRCRAFT
(a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state

16. ARTICLE 5 RIGHT OF NON-SCHEDULED FLIGHT
ARTICLE 6 SCHEDULED AIR SERVICES
ARTICLE 8 PILOTLESS AIRCRAFT
ARTICLE 9 PROHIBITED AREAS
ARTICLE 10 LANDING AT CUSTOMS AIRPORT
ARTICLE 11 APPLICABILITY OF AIR REGULATIONS
ARTICLE 12 RULES OF THE AIR
ARTICLE 13 ENTRY AND CLEARANCE REGULATIONS
ARTICLE 14 PREVENTION OF SPREAD OF DISEASE

17. ARTICLE 15 AIRPORT AND SIMILAR CHARGES
ARTICLE 16 SEARCH OF AIRCRAFT
ARTICLE 17 NATIONALITY OF AIRCRAFT
ARTICLE 31 CERTIFICATES OF AIRWORTHINESS
Every aircraft engaged in international navigation shall be provided with a
certificate of airworthiness issued or rendered valid by the State in which it is
registered.
ARTICLE 34 JOURNEY LOG BOOKS
There shall be maintained in respect of every aircraft engaged in international
navigation a journey log book in which shall be entered particulars of the aircraft,
aircraft, its crew and of each journey, in such form as may be prescribed from time
time to time pursuant to this Convention.

18. ARTICLE 12 RULES OF THE AIR
Each contracting State undertakes to adopt measures to insure that every aircraft
aircraft flying over or maneuvering within its territory and that every aircraft
carrying its nationality mark, wherever such aircraft may be, shall comply with the
with the rules and regulations relating to the flight and maneuver of aircraft there
there in force.
Each contracting State undertakes to keep its own regulations in these respects
respects uniform, to the greatest possible extent, with those established from time
time to time under this Convention.
Over the high seas, the rules in force shall be those established under this
Convention.
Each contracting State undertakes to insure the prosecution of all persons
violating the regulations applicable.

19. ARTICLE 28 AIR NAVIGATION FACILITIES AND STANDARD SYSTEMS
Each contracting State undertakes, so far as it may find practicable, to:
(a) Provide, in its territory, airports, radio services, meteorological services and
and other air navigation facilities to facilitate international air navigation, in
in accordance with the standards and practices recommended or established
established from time to time, pursuant to this Convention;
(b) Adopt and put into operation the appropriate standard systems of
communications procedure, codes, markings, signals, lighting and other
operational practices and rules which may be recommended or established
from time to time, pursuant to this Convention;
(c) Collaborate in international measures to secure the publication of
aeronautical maps and charts in accordance with standards which may be
recommended or established from time to time, pursuant to this Convention.

20. ARTICLE 29 DOCUMENTS CARRIED IN AIRCRAFT
Every aircraft of a contracting State, engaged in international navigation, shall
shall carry the following
documents in conformity with the conditions prescribed in this Convention:
(a) Its certificate of registration;
(b) Its certificate of airworthiness;
(c) The appropriate licenses for each member of the crew;
(d) Its journey log book;
(e) If it is equipped with radio apparatus, the aircraft radio station license;
(f) If it carries passengers, a list of their names and places of embarkation and
and destination;
(g) If it carries cargo, a manifest and detailed declarations of the cargo.

21. ARTICLE 37 ADOPTION OF INTERNATIONAL STANDARDS AND PROCEDURES
Each contracting State undertakes to collaborate uniformity in regulations, standards,
standards, procedures, and organization in relation to aircraft, personnel, airways and
and auxiliary services in all matters to facilitate and improve air navigation.
The ICAO shall adopt and amend from time to time, as may be necessary, international
international standards and recommended practices and procedures dealing with:
(a) Communications systems and air navigation aids;
(b) Characteristics of airports and landing areas;
(c) Rules of the air and air traffic control practices;
(d) Licensing of operating and mechanical personnel;
(e) Airworthiness of aircraft;
(f) Registration and identification of aircraft;
(g) Collection and exchange of meteorological information;
(h) Log books;
(i) Aeronautical maps and charts;
(j) Customs and immigration procedures;

22. ARTICLE 38 DEPARTURES FROM INTERNATIONAL STANDARDS AND PROCEDURES
o Any State which finds it impracticable to comply with any international
international standards or procedure, (or)
o Bring its own regulations or practices into full accord with any
international standard or procedure after amendment of the latter, or
o Deems it necessary to adopt regulations or practices differing in any
particular respect from those established by an international standard,
standard,
shall give immediate notification to the International Civil Aviation Organization
Organization of the differences between its own practice and that established by
established by the international standard.
In the case of amendments to international standards, any State which does not
not make the appropriate amendments to its own regulations or practices shall
shall give notice to the Council within sixty days of the adoption of the

23. ARTICLE 39 ENDORSEMENT OF CERTIFICATES AND LICENSES
(a) Any aircraft or part thereof with respect to which there exists an
international standard of airworthiness and which failed in any respect to
to satisfy that standard at the time of its certification, shall have endorsed on
endorsed on its airworthiness certificate a complete enumeration of the
details in which it so failed.
(b) Any person holding a license who does not satisfy in full the conditions
conditions laid down in the international standard relating to the class of
license or certificate which he holds shall have endorsed on or attached to
to his license a complete enumeration of the particulars in which he does not
does not satisfy such conditions.

24. ARTICLE 40 VALIDITY OF ENDORSED CERTIFICATES AND LICENSES
No aircraft or personnel having certificates or licenses so endorsed shall
shall participate in international navigation, except with the permission of
permission of the State or States whose territory is entered.
The registration or use of any such aircraft, or any certificated aircraft part,
part, in any State other than that in which it was originally certificated shall
shall be at the discretion of the State into which the aircraft or part is
imported

25. ARTICLE 5 RIGHT OF NON-SCHEDULED FLIGHT
Each contracting State agrees that all aircraft of the other contracting States,
not engaged in scheduled international air services shall have the right,
 to make flights into or in transit non-stop across its territory and
 to make stops for non-traffic purposes without the necessity of obtaining
prior permission, and
 subject to the right of the State flown over to require landing.
Each contracting State reserves the right for safety reasons of flight, to require
aircraft desiring to proceed over regions to follow prescribed routes, or to
obtain special permission for such flights.

26. ARTICLE 9 PROHIBITED AREAS
(a) Each contracting State for reasons of military necessity or public safety, restrict or
restrict or prohibit uniformly the aircraft of other States from flying over certain areas
areas of its territory, provided that no distinction in this respect is made between the
the aircraft of the State whose territory is involved, and the aircraft of the other
contracting States likewise engaged.
 Such prohibited areas shall be of reasonable extent not to interfere
unnecessarily with air navigation.
 Descriptions of such prohibited areas in the territory of a contracting State, as
State, as well as any alterations therein, shall be communicated as soon as
possible to the other contracting States and to the International Civil Aviation
Aviation Organization.
(b) Each contracting State reserves the right, in exceptional circumstances or in the
the interest of public safety, restrict or prohibit flying over the whole or any part of its
of its territory, on condition that such restriction or prohibition shall be applicable
applicable without distinction of nationality to- aircraft of all other States. airport