INTERNATIONAL LIABILITY OF AIR CARRIERS: AN ANALYSIS OF THE LEGAL REGIME GOVERNING GLOBAL AVIATION TRANSPORT

Abstract

The aviation industry has become the backbone of modern international transportation, enabling rapid movement of passengers, couriered goods, and high-value cargo across borders. As global commerce expands, air transportation has taken on legal, economic, and regulatory significance. The liability of international air carriers—particularly concerning passenger injury or death, loss or damage to baggage, destruction of cargo, and delay—forms the core of international private air law. The Warsaw Convention of 1929 laid the foundation for uniform rules governing international carriage by air, but rapid technological progress, evolving consumer expectations, and major aviation incidents revealed its inadequacies. This led to supplementary protocols and ultimately the adoption of the Montreal Convention 1999, which now represents the most comprehensive liability regime.

This paper examines the evolution of international air carrier liability, compares the Warsaw and Montreal systems, analyzes the obligations of carriers toward passengers and consignors, and discusses how modern conventions attempt to balance trade facilitation with consumer protection. The study further evaluates contemporary issues such as terrorism-related liability, delays, documentation obligations, and the role of ICAO in periodically updating compensation limits. It concludes by assessing the strengths and limitations of the Montreal framework and highlighting areas where further harmonization may be necessary.