State sovereignty
allows for states to adopt their own laws. Considering the approach of courts
in the EU and Canada with regards to MC99’s exclusivity, by means of which
passenger rights regulations are not inconsistent with MC99, states are free to
adopt local legal regimes pertaining to passenger rights. This leads to a high
level of uncertainty in international carriage by air as many conflicting local
laws may apply to a single carriage, thus affecting air carriers and consumers.
In lieu of an international treaty governing the field, it will be possible for
the International Civil Aviation Organization (ICAO) to adopt standards
regulating passenger rights at an international level.