Chapter 3 Initiatives of the Early Twenty-.rst Century
A. The Two Liability Conventions
I. The General Risks Convention
The world has been debating the issue of damage caused to third parties on the ground by falling aircraft ever since the major catastrophes of 11 September 2001. Many States have found their own solutions, with home grown domestic formulae that offer compensation to victims of suchdamage, whether the damage is the result of an accident or a violent crime. The international communityhas also been active in this regard, and the latest initiative of the International Civil Aviation Organiza-tion (ICAO)209 in the nature of two international treaties adopted in May 2009 are good examples of such initiatives.
The Convention on Compensation for Damage Caused by Aircraft to Third Parties210 (hereafter referred to as the General Risks Convention) and the Conven-tion on Compensation for Damage to Third Parties Resulting From Acts of Unlawful Interference Involving Aircraft211 (hereafter referred to as the Unlawful Interfer-ence Compensation Convention) were adopted at the International Conference on
209The International Civil Aviation Organization, a specialized agency of the United Nations, was established by Article 44 of the Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (ICAO Doc 7300/9, Ninth Edition, 2006). The main objectives of ICAO are to develop the principles and techniques of international air navigation and to foster the planning and development of air transport. ICAO has 190 Contracting States. ICAO’s Mission and Vision Statement is “to achieve its mission of safe, secure and sustainable development of civil aviation through cooperation amongst its member States.” In December 2004, following a decision by the 35th Session of the ICAO Assembly, the Councilof ICAO approved six Strategic Objectives for 2005–2010: They are: safety; security; environmental protection; ef.-ciency; continuity; and rule of law. The Strategic Objective applicable to this article is rule of law.
210DCCD Doc No. 42, ICAO, Montreal,1 May 2009.
211DCCD Doc No. 43, 1/5/09. This Convention will be discussed in greater detail later in this
article.
R. Abeyratne, Aviation Security Law, DOI 10.1007/978-3-642-11703-9_3, # Springer-Verlag Berlin Heidelberg 2010
AirLaw(a diplomatic conference heldat ICAOin Montreal from20Aprilto2May 2009). The raison d’e.tre of the former Convention is contained in its Preamble whereby the States Parties to the Convention recognized the need to ensure adequate compensation for third parties who suffer damage resulting from events involving an aircraft in .ight. The States Parties also took cognizance of the need to modernize the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on 7 October 1952,212 and the Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, Signed at Rome on7 October 1952, Signed at Montreal on 23 September 1978.
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