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The Malaise Affecting the Global Uniform Effectiveness of the Montreal Convention, 1999 (MC99)

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Chapter Summary

The Montreal Convention of 1999, hereinafter referred to as MC99, conceived and created to "modernize and consolidate the [fragmented] Warsaw Convention" liability system, which since 1929 had governed the liability of air carriers for passenger death and bodily injury, and in the carriage of baggage and cargo, came into force on November 4, 2003. The principal benefits of MC99 are in favor of the citizen passengers of these non-Party States and for the airlines of same. There are no disadvantages for these citizens or airlines by ratification, acceptance, approval or accession of MC99. Court decisions illustrate the disadvantages involved for passengers and airlines arising from the non-ratification of MC99. EU Regulation 261/2004 provides for specified fixed compensation in the event of the cancellation of a flight originating at an airport in the EU. This chapter presents remedies for the malaise threatening the universal uniformity of the MC99 liability rules.

Keywords: EU Regulation 261/2004; malaise threatening; MC99 liability rules; Montreal Convention of 1999 (MC 99); non-Party States; Warsaw Convention liability system



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