The adoption of two international treaties by International Civil Aviation Organization (ICAO) Member States in the first quarter of 2009 on the subject of liability for third-party damage caused by aircraft certainly filled a visible gap in the legislative structure pertaining to liability in air law. However, it remains to be seen whether these instruments will come into effect, given the numerous issues that were brought to bear by key stakeholders and interested parties, both before and during the diplomatic conference which resulted in the treaties. Academic and professional views from the members of the legal profession highlighted several perceived inadequacies and inequities of the treaties. The views expressed by certain States and regional blocks highlighted the redundancy of the instruments in the face of regional and national legislation that cover liability for third-party damage caused by aircraft.
This article discusses in depth the features of the two treaties and analyses the issues that have been raised by interested parties.Air and Space Law