Copyright (c) 1997 Southern Methodist University School of Law
Journal of Air Law and Commerce
ARTICLE: UNLIMITED LIABILITY FOR AIR PASSENGERS: THE POSITION OF CARRIERS, PASSENGERS, TRAVEL AGENTS AND TOUR OPERATORS UNDER THE IATA PASSENGER LIABILITY AGREEMENT SCHEME
November / December, 1997
63 J. Air L. & Com. 405
Trevor Atherton *
IATA HAS BYPASSED the inertia of inter-governmental multilateral negotiations and has introduced a radical scheme to reform several key problems of the Warsaw System. In 1995, IATA obtained unanimous approval from its member carriers for the Intercarrier Agreement on Passenger Liability (IIA). The preamble to the agreement acknowledged that although the "Warsaw Convention system is of great benefit to international air transportation" the "Convention's limits of liability, which have not been amended since 1955, are now grossly inadequate in most countries." 1
Under the IIA, the carriers agreed:
(1) To undertake action to waive the limitation of liability on recoverable compensatory damages in Article 22 paragraph 1 of the Warsaw Convention as to claims for death, wounding or other bodily injury of a passenger within the meaning of Article 17 of the Convention so that recoverable compensatory damages may be determined and awarded by reference to the law of the domicile of the passenger.
(2) To reserve all available defenses pursuant to the provisions of the Convention; nevertheless, any carrier may waive any defense, including any defense up to a specified monetary amount of recoverable compensatory damages, as circumstances may warrant. 2
Following approval of the European Union (EU) and United States 3 regulatory authorities, the Agreement on Measures to Implement the IATA Intercarrier Agreement (MIA) was declared effective on February 14, 1997. Under the MIA, signatory carriers 4 agree to incorporate into their conditions of carriage and tariffs ...
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