Aircraft Law: Liability :: essays research papers fc

Aircraft Law LiabilityThe problems regarding bloodlinecraft liability in the outside(a) realmprimarily relate to resolving issues of legal status of international descentlinepassengers and cargo. The issues are defined as follows sovereignty overairspace, the impact of aerospace craft on the environment, the role ofaerospace technology in the international system, weather modification, airsafety and international aviation relations. Remarkable growth and developmentin the range of air transport services and technology earned the sector adistinctive international character. The latter is the most outstanding featureof the industry which allowed " any part of the world to be reached within afew hours of every other and, in doing so brought about a revolution in worldtrade, in business contacts, and in methods of diplomacy." (1)     The principles of air law have been evolving at a rapid pace since thebeginning of the Twenty-first Century, however, they too remain inadequate tomeet the needs of contemporary society. Concern for this immense growth and theaccompanying implications produced the impetus to devise a means to ensureorderly and appropriate development. Thus, "The general policy of the worldcommunity in regard to emerging issues of air law demands the maintenance andpromotion of a balance between technological advance in aviation and thepreservation of a wholesome environment by providing adequate policies andprescriptions." (2)     The initial governing treaty passed in 1929 is known as the WarsawConvention. This is a multilateral treaty among nations that governsinternational air transportation. It was based on the idea that becauseaviation was in its infancy, there was a risk of destroying the carrier airlineif there was a major crash. Therefore, it limits the liability for carriers.Unfortunately, this treaty also finicky the liability for damages to injuredpersons. Because of the latter clause, the U.S. renounced its participation andproceeded to join the international aviation community in entering into theMontreal Agreement of 1965.The Montreal Agreement was a special contract authorized by the WarsawConvention which states that the parties can agree to engage in certainactivities only if there is a consensus. The correspondence also raised thelimitation of liability, instituted absolute liability for any accident, anddeveloped a criteria for recovery for which the injured party has to prove thatthe carrier was guilty of willful misconduct. This agreement only applies toflights that start, stop or end or those which connect with an itinerary thatstops, starts or ends in the United States. (3)A third and more comprehensive throng was the Convention onInternational Civil Aviation of 1944 also known as the Chicago Convention.