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Scratching Beneath the Surface: The Unlawful Interference Convention 2009

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Chapter Summary

This chapter examines some of the key features of the Unlawful Interference Convention. It addresses some of the reasons why entry into force has not happened and would appear unlikely in the near future. The overall scheme of the Unlawful Interference Convention is based on a "novel" three layer structure: liability issues, International Civil Aviation Compensation Fund, and unlimited liability. The Unlawful Interference Convention does contain the unusual feature whereby damages may be recovered for pure mental injury "if caused by a recognizable psychiatric illness resulting either from bodily injury or from direct exposure to the likelihood of imminent death or bodily injury". Given the double condition imposed by the entry into force provision and given the relatively slow take-up of ratifications or accessions by States, there must be considerable uncertainty surrounding the future prospects of the Unlawful Interference Convention.

Keywords: International Civil Aviation Compensation Fund; liability issues; mental injury; Unlawful Interference Convention 2009



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