SOME ISSUES OF THE AIR CARRIER’S LIABILITY UNDER THE FRAMEWORK OF THE 1999 MONTREAL CONVENTION

Abstract

International civil aviation is a relatively new sector compared to other modes of transport and is continuously evolving under the influence of technological advancements. The development of guiding international legal norms in this field is still in progress. One of the most significant issues in this sector is the liability of air carriers, which is regulated by the 1929 Warsaw Convention and the 1999 Montreal Convention. Similar to its predecessor, the Montreal Convention establishes the liability of air carriers for bodily injury or death of passengers, as well as for damage or delay to baggage. Article 17 of the 1999 Montreal Convention can be considered a key provision on this issue; however, there are many elements associated with it that lack a unified, consistent interpretation. Consequently, courts, both domestic and international, often deliver varying rulings on similar cases. Standardized understanding and interpretation of parts of this norm are crucial to ensure that legal processes across different jurisdictions are more consistent, which in turn will lead to fairer outcomes, help airlines assess their obligations, and allow passengers to fully understand their rights. In the rapidly developing landscape of international civil aviation, reaching a consensus on such matters not only strengthens the legislative framework but also enhances international cooperation, contributing to safety and fairness for all stakeholders.