As if you hadn’t realised, the Montreal Convention 1999 has of course come into force since our last issue. From 4 November 2003 it applies in the first 31 States Party. At the time of writing, Saudi Arabia and Bulgaria have become the 32nd and 33rd states to deposit their instruments of ratification such that the Convention will come into force in those countries on 14 December 2003 and 9 January 2004.
As MC99 enters into force more widely, the existing patchwork of air carriers’ liability regimes will become more seamless. There will remain variations in treatment of old chestnuts such as the recoverability of pure mental injury, but gradually the world’s airlines will move to a universal regime founded on negligence-based passenger liability over SDR100,000, absolute cargo liability at 17SDR/kg and with the additional fifth jurisdiction. However, in the short term, MC99 has the effect of adding a layer of complexity as to which regime governs any particular carriage.
