New air law conventions on international compensation

Two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties were adopted by a Diplomatic Conference hosted by the International Civil Aviation Organisations (ICAO), from 20 April to 2 May 2009.
One legal instrument adopted by the Conference is the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft. It has the objective of providing compensation for damage to third parties as a result of acts of unlawful interference involving aircraft. At the heart of this new instrument is the creation of an International Civil Aviation Compensation Fund which may potentially provide victims of an event compensation in addition to that paid by the aircraft operator, up to an amount of 3 billion Special Drawing Rights (approximately US $4.5 billion).
The other instrument, the Convention on Compensation for Damage Caused by Aircraft to Third Parties, modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It covers cases of damage caused by aircraft as a result of safety related matters and not involving an act of unlawful interference and provides for full compensation of victims.
The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. The objective of these conventions is to ensure equitable benefits for victims while not unduly increasing the economic and regulatory burden on carriers.
Some 400 participants from 94 States and 16 international organizations attended the Diplomatic Conference. The Indian delegation was led by Shri M. Madhavan Nambiar, Secretary, Ministry of Civil Aviation, and Dr. Nasim Zaidi, Director General, DGCA, participated in the Diplomatic Conference.

Source: Transportweekly