The international transport of\npassengers, baggage and cargo by an aircraft represents a significant aspect of\nthe air transport and the same is constantly developing due to the numerous\nadvantages over other modes of transport. The need for legal regulation of air\ntraffic represents a result of increased population movements, then the\ncreation of the so-called “global village”, the development of aviation infrastructure, as well as the promotion\nof the idea of \u200b\u200ba common market, primarily within the European Union. The same\nis based on four fundamental freedoms: freedom of movement of goods, freedom of\nmovement of persons, freedom to provide services and free movement of capital.<\/p>\n\n\n\n
The first attempts to harmonize the\nlegal norms of the Private International\nAir Law<\/em> resulted\nin the adoption of the Convention on the Unification of Certain Rules for International\nCarriage by Air in 1929, known as the Warsaw Convention, which represent the\nfirst legally binding instrument governing the rights and obligations of air\ncarriers and passengers in international air transport.<\/p>\n\n\n\n The importance of civil aviation has\ncaused the need for a comprehensive regulation of the rights and obligations of\nair carriers and passengers, while respecting the character of modern civil\naviation, so the obsolete Warsaw Convention’s institutes have been replaced by\nthe Montreal Convention on the Unification of Certain Rules for International\nAir Transport, adopted on 28 May 1999, and entered into force on 4 November\n2003. A considerable number of countries accepted the Convention, so today it\nhas over 130 members, including the European Union as an international\norganization. When it comes to Bosnia and Herzegovina, it has been applied\nsince May 8, 2007. Broad territorial application talks about the importance of\nthis international source of law. Therefore, based on the Montreal Convention,\nthe Civil Obligations Act of Bosnia and Herzegovina was adopted.<\/p>\n\n\n\n The scope of application of the\nMontreal Convention is limited to the international carriage of persons, baggage\nor goods carried by aircraft for a fee, as well as for the carriage by aircraft\nwithout the fee, conducted by the air carrier. It is important to emphasize\nthat the transport between two places located in the territory of a Contracting\nState without an agreed stopping point in the territory of the other\nContracting State shall not be considered as international transport, and\nconsequently the provisions of the Convention shall not apply to such\ntransport. On the other hand, if the place of departure and destination is in\nthe territory of the same State, but with at least one stopping point in the\nterritory of the other Contracting State, such transport shall be deemed to be\ninternational transport within the meaning of the provisions of the Convention.<\/p>\n\n\n\n With regard to the documents and\nduties of the Contracting Parties – airline and passengers, the Montreal\nConvention provides that a single or collective transport document is issued\nfor the carriage of passengers or another form containing information on the\nplace of departure and destination and the indication of at least one stopping\npoint in the territory of the other Contracting State, if the place of\ndeparture and destination is in the territory of the same Contracting State.\nFor the carriage of baggage, the carrier shall be obliged to issue to the\npassenger an identification sticker for each piece of checked baggage, while\nfor the carriage of goods, an air consignment note shall be issued, where the\nmanner\/content of issuing of the same is regulated by the Convention in detail.<\/p>\n\n\n\n The most important part of the\nMontreal Convention is definitely Chapter III, which regulates the liability of\nthe carrier for damage and damage compensation in case of death or injury to\npassengers, damage to baggage or goods, damage caused by delay in the carriage\nof passengers, baggage or goods, and the carrier’s liability. Special drawing\nrights determine the amount of damage compensation as a special type of\nmonetary issue issued by the International Monetary Fund and which de facto\nhave the role of “world money”, the value based on the average value\nof the five world currencies (US dollar, Euro, Chinese Yuan, Japanese Yen and\nBritish Pound). The conversion of special drawing rights into national\ncurrencies in court proceedings is made according to currency values \u200b\u200bin terms\nof special drawing rights on the date of the judgment, while the value of the\nnational currency is calculated according to the estimation method applied by\nthe International Monetary Fund on the Day of Judgment.<\/p>\n\n\n\n The limits of the liability of the\ncarrier are regulated by the Convention, but there is also a possibility of\ncontracting a larger liability limit or even not limiting the liability of the\ncarrier at all. Consequently, the mechanisms of the Montreal Convention provide\n“minimum rights”, while the provisions releasing the carrier from\nliability or establishing lower limits of liability than those set forth in the\nConvention are invalid provisions.<\/p>\n\n\n\n The international jurisdiction of\nthe Court is determined by the provisions of Article 33 of the Montreal\nConvention, which provides that the proceedings for compensation of damages\nshall be initiated before the court of the place of permanent residence or seat\nof the carrier or before the court of the place where the contract is performed\nor even before the court of the place of the destination, while in the case of\na damage resulting from the death or injury of passengers, there is the\npossibility of initiating proceedings in the place of the main and permanent\nresidence of passengers. In addition, the Convention provides for the\npossibility of resolving disputes before arbitration, with the obligation to\nconclude an arbitration agreement in writing.<\/p>\n\n\n\n The right to compensation for damages under the provisions of the Convention is subject to statute of limitations if the claim has not been filed within two years from the day the aircraft arrived at the destination, or from the day when the aircraft was due to arrive at the destination or even from the day the transport was suspended.<\/p>\n\n\n\n Author: Igor Letica<\/p>\n\n\n\n E-mail: igor@afsajic.com<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" The international transport of passengers, baggage and cargo by an aircraft represents a significant aspect of the air transport and the same is constantly…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[91],"tags":[],"_links":{"self":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/473"}],"collection":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/comments?post=473"}],"version-history":[{"count":1,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/473\/revisions"}],"predecessor-version":[{"id":474,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/posts\/473\/revisions\/474"}],"wp:attachment":[{"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/media?parent=473"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/categories?post=473"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/advokatskafirmasajic.com\/blog\/wp-json\/wp\/v2\/tags?post=473"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}