Let’s pick this up right where the legal framework leaves off — Page 42, Lesson 78

Let’s pick this up right where the legal framework leaves off. We’ve been looking at the Warsaw Convention and the liability of the carrier. Now I want to walk you through the two specific defences that a carrier can raise to escape liability for damage. These are the escape clauses, and they are precise legal conditions. The first defence is that the damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents. In plain terms, if the carrier can prove that the damage did not happen because of its own fault, or the fault of its employees or anyone acting on its behalf, then the carrier is not liable. The burden is on the carrier to show it was not at fault. The second defence is that the damage was solely due to the negligence or other wrongful act or omission of a third party. Note the word "solely" — this is critical. If the damage was caused entirely by someone who is not the carrier, its servants, or its agents, then the carrier escapes liability. But if the carrier contributed even a little, this defence fails. Now, let’s move to a completely different instrument — the Rome Convention of 1952. This convention dealt with damage caused by foreign aircraft to third parties on the ground. So we are no longer talking about passengers or cargo; we are talking about people and property on the ground that are hit by an aircraft. The Rome Convention permits a claimant to pursue a claim against a foreign operator through the court in the state of residence. That means you, as the injured party, can sue the foreign operator in your own country’s court. Any resulting judgement would then be enforceable in the state of the operator. So if you win in your home court, that judgement can be enforced in the operator’s home state. Now we shift from conventions to organizations. Let’s look at IATA — the International Air Transport Association. IATA is the air transport industry’s global trade organization. Over more than 60 years, IATA has developed the commercial standards that have built a global industry. Today, IATA’s mission is to represent, lead, and serve the airline industry. Its members comprise some 260 airlines — the world’s leading passenger and cargo airlines among them — representing 94 percent of international scheduled air traffic. IATA seeks to improve understanding of the industry among decision makers and increase awareness of the benefits that aviation brings to national and global economies. It fights for the interests of airlines across the globe, challenging unreasonable rules and charges, holding regulators and governments to account, and striving for sensible regulation. Now let’s look at ECAC — the European Civil Aviation Conference. ECAC is the driving force for a common civil aviation policy in Europe. It was set up under the auspices of the Council for Europe and ICAO. Membership now extends from Iceland to Turkey — and note that all the European Commission countries are members of ECAC. ECAC is an inter-governmental organization founded in 1955 from the Conference on the Co-ordination of Air Transport in Europe, or CATE. Its aim is to promote the continued development of a safe, efficient, and sustainable European air transport system. ECAC seeks to do two main things. First, to harmonize civil aviation policies and practices amongst its member states. Second, to promote understanding on policy matters between member states and other parts of the world. Now, within Europe, because of its established position, ECAC is the only forum for consideration of major civil aviation topics relevant to all European states. The strength of ECAC is derived from four things. First, membership across Europe. Second, active co-operation with institutions of the EU, including the EC — that’s the European Commission — and the European Parliament. Third, close liaison with ICAO. And fourth, established relationships with organizations representing all parts of the air transport industry, including consumer and airline interests. So to tie it together: we have the carrier’s two defences under the liability regime, then the Rome Convention for ground damage by foreign aircraft, then IATA as the global trade body, and ECAC as the European inter-governmental forum. Each has a distinct role, and you need to keep them separate in your mind.