|
The problems regarding aircraft liability in the
international realm primarily relate to resolving issues of
legal status of international airline passengers and cargo.
The need for uniform international rules governing aviation
emerges due to the nature of this industry where an aircraft
is used in many aerial territories and as it moves from one
country's sky to another's. Here emerges a bad need of
multilateral agreements - with international recognition -
to regulate and govern the rights and liabilities entailed
in aviation and use of aircrafts.
Since then, a number of multilateral agreements have been
signed and the international community set up an
international committee to prepare a draft international
convention on the special aviation Law (CITAJA). This
international body arrived at the signing of Warsaw
Convention on 12.10.1929.
The Warsaw Convention is the backbone of aviation and
aeronautics law. This five-chapter convention sets clear the
definition and scope of aviation terms, liability of
air-carrier, where a limitation is laid for such liability.
It is noteworthy that the said limitation was amended on a
number of occasions, lastly was in those amendments
introduced under the Montréal Protocol, Canada, 1975.
A
third and more comprehensive convention was the Convention
on
International Civil Aviation of 1944 also known as the
Chicago Convention. This convention set out the general
principles of international civil aviation and established a
framework of international coordination, cooperation and
regulation of services.
The U.A.E has acceded to the Warsaw Convention under the
Federal Decree no. 13 of 1986, after it had become a member
to the International Air Transport Association (IATA) in
1972.
On May 29, 1933 Rome Agreement was signed for the
unification of certain rules on precautionary (provisional)
attachment against aircraft, based on recommendations from
the International Committee of Aviation Experts.
On June 19, 1948 another agreement was signed in Warsaw for
the international recognition of rights relating to aircraft
including intellectual property, right to exploit or
mortgage an aircraft.
Therefore, on our deep understanding of the nature of the
air law and relevant international agreements, equip us with
the necessary effective tools to provide unique legal
service in these particular skies. |
