Air Transportation Law

Prepared by:
Abd El-Razek Ali
Ahmed Alaa
Mohamed EL-Dalatony
Mohamed EL-Gendy
Mohamed Rezk
Presented to:
Dr : Tarek Abou EL-Ella
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 OUTLINES
• INTRODUCTION
• ICAO
• IATA
• WARSAW CONVENTION
• MONTREAL CONVENTION
• WARSAW CONVENTION VS. MONTREAL CONVENTION
• REFERENCES

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 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.

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 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).

• Foundation of the International Civil Aviation Organization

• Assembly
• The ICAO Council
• The Council convenes the Assembly
• Air Navigation Commission
• Secretary General
• Strategic Objectives
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 SECRETARY GENERAL

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

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 STRATEGIC OBJECTIVES

• Safety
• Air Navigation Capacity and Efficiency
• Security & Facilitation
• Economic Development of Air Transport
• Environmental Protection

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 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
• Mission
• Membership
• How it functions
• Future development

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 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.

Convention for the Unification of certain rules relating to international

carriage by air
Signed 12 October 1929
Location Warsaw
Effective 13 February 1933
Parties 152
Depositary Government of Poland
Language French

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 WARSAW CONVENTION

Content
There are five chapters:
• I – Definitions
• II – Documents of Carriage; Luggage and Passenger Ticket
• III – Liability of the Carrier
• IV – Provisions Relating to Combined Carriage
• V – General and Final Provisions

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 WARSAW CONVENTION
Private Carrier
The Montreal convention Warsaw Convention of
Agreements and
(1999) 1929
Unilateral State Actions

The Rome
The Hague Protocol
Conventions of
of 1955
1952

The Guadalajara The Montreal

convention of 1961 Agreement (1966)

Guatemala City The Japanese Initiative and

The IATA Inter carrier
Protocol of 1971 Agreements (1995 – 1996)

The Montreal IATA Intercarrier

Protocols (1975) Agreement (1996)

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 MONTREAL CONVENTION
The Montreal Convention (formally, the Convention for the Unification of
Certain Rules for International Carriage by Air) 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.

Convention for the Unification of certain rules for international carriage by air
Signed 28 May 1999
Location Montreal, Canada
Effective 4 November 2003
[1]
Parties 120 (119 states + EU)
Depositary International Civil Aviation Organization
Languages English, Arabic, Chinese, French,
Russian and Spanish
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 MONTREAL CONVENTION

Content
There are seven chapters:
• I - General Provisions
• II - Documentation and Duties of the Parties Relating to the Carriage
of Passengers, Baggage and Cargo
• III - Liability of the Carrier and Extent of Compensation for Damage
• IV - Combined Carriage
• V - Carriage by Air Performed by a Person other than the
Contracting Carrier
• VI - Other Provisions
• VII - Final Clauses

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 WARSAW VS. MONTREAL
WARSAW CONVENTION
DATE OF October 12, 1929
EFFECTIVITY
SCOPE This Convention applies to all international
carriage of persons, luggage or goods
performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft
performed by an air transport undertaking.
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MONTREAL CONVENTION
May 28, 1999
This Convention applies to all international
carriage of persons, baggage or cargo
performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft
performed by an air transport undertaking.
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 WARSAW VS. MONTREAL

WARSAW CONVENTION MONTREAL CONVENTION

LIABILITY Article 17 Article 17
The carrier is liable for damage sustained in the Death and injury of passengers - damage to baggage
event of the death or wounding of a passenger or
any other bodily injury suffered by a passenger…
Article 18 - Damage to cargo
Article 18 1. The carrier is liable for damage sustained in the
event of the destruction or loss of or damage to…
1. The carrier is liable for damage sustained in the
event of the destruction or loss of, or of damage to…
Article 19 - Delay
Article 19 The carrier is liable for damage occasioned by delay
The carrier is liable for damage occasioned by delay in the carriage by air of passengers…
in the carriage by air of passengers, luggage or
goods.

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 WARSAW VS. MONTREAL

WARSAW CONVENTION MONTREAL CONVENTION

EXONERATION OF Article 20 Article 20 - Exoneration
1. The carrier is not liable if he proves that he and If the carrier proves that the damage was caused or
LIABILITY his agents have taken all necessary measures to contributed to by the negligence or other wrongful act
avoid the damage or that it was impossible for him or or omission of the person claiming compensation…
them to take such measures…
Paragraph 1 of Article 21
Article 21
If the carrier proves that the damage was caused by
or contributed to by the negligence of the injured
person the Court may…
NOTICE OF CLAIM Article 26 Article 31 - Timely notice of complaints
1. Receipt by the person entitled to delivery of 1. Receipt by the person entitled to delivery of
luggage or goods without complaint is prima facie checked baggage or cargo without complaint is prima
evidence that the same have been delivered in good facie evidence that the same has been delivered in
condition and in accordance with the document of good condition and in accordance with the document
carriage… of carriage or with the record preserved by the other
means referred to in paragraph 2 of Article 3 and
paragraph 2 of Article 4…

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 WARSAW VS. MONTREAL

WARSAW CONVENTION MONTREAL CONVENTION

DAMAGES Article 22 Article 21 - Compensation in case of
1. In the carriage of passengers the liability of thedeath or injury of passengers
carrier for each passenger is limited to the sum of
1. For damages arising under paragraph 1 of Article
125,000 francs. Where…
17 not exceeding 100,000 Special Drawing Rights for
each passenger..

PRESCRIPTIVE Article 29 Article 35 - Limitation of actions

1. The right to damages shall be extinguished if an 1. The right to damages shall be extinguished if an
PERIOD action is not brought within two years… action is not brought within a period of two years…

VENUE OF ACTIONS Article 28 Article 33 - Jurisdiction

(COURTS) 1. An action for damages must be brought… 1. An action for damages must be brought, at the
option of the plaintiff…

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 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

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