Montreal Convention

Montreal Convention
Convention for the Unification of Certain Rules for International Carriage by Air
Signed	28 May 1999
Location	Montreal, Quebec, Canada
Effective	4 November 2003
Parties	141 (140 states + EU)
Depositary	International Civil Aviation Organization
Languages	English, Arabic, Chinese, French, Russian and Spanish

The Montreal Convention (formally, the Convention for the Unification of Certain Rules for International Carriage by Air) is a multilateral treaty adopted on 28 May 1999 by member states of the International Civil Aviation Organization (ICAO) and entered into force on 4 November 2003. It updated and replaced parts of the earlier Warsaw Convention and Hague Protocol, which had governed international air travel since the early 20th century. The treaty aims to create clearer and more consistent rules for the international transport of passengers, baggage and cargo, especially regarding airline liability in the event of injury or death. As of April 2025, 140 of the 193 ICAO member states had joined the Convention.

A key feature of the Montreal Convention is a two-tier system for passenger compensation. Airlines are automatically responsible for proven damages up to 128,821 special drawing rights (SDR), equivalent to approximately US$175,000, without the need for passengers or their families to prove fault. For claims above that amount, the airline is only exempt from further liability if it can show that the incident was not caused by its own negligence. This system replaced the older, more limited compensation rules and was designed to simplify legal proceedings for victims and their families.^[2]

Damages

Under the Montreal Convention, air carriers are strictly liable for proven damages up to 128,821 special drawing rights (SDR), a mix of currency values established by the International Monetary Fund, equivalent to approximately US$175,000.^[3]^[4] For claims exceeding this amount, carriers can avoid liability only by proving that the accident was not due to their negligence or was solely caused by a third party.^[5] This defense is not available for claims within the 128,821 SDR limit. The convention also amended the jurisdictional provisions of the Warsaw Convention, allowing victims or their families to bring claims in the country of their principal residence, and requires all air carriers to maintain liability insurance.

Lost baggage

The Montreal Convention increased the maximum liability of airlines for lost, damaged, or delayed baggage to 1,288 SDR per passenger. Under the earlier Warsaw Convention, compensation was calculated based on the weight of the baggage. The Montreal Convention also requires airlines to reimburse passengers for the cost of essential replacement items purchased while baggage is delayed, up to the same 1,288 SDR limit. Baggage that remains undelivered after 21 days is considered lost unless recovered and returned by the airline.

Ratifications

As April 2025, there are 141 parties to the convention. Included in this total is 140 of the 193 ICAO Member States plus the European Union. The states that have ratified represent 139 UN member states plus the Cook Islands.^[1]

Member state	Date of entry into force	Notes
Afghanistan	-	Warsaw Convention & Hague Protocol
Albania	19 December 2004
Algeria	-	Warsaw Convention & Hague Protocol
Andorra	28 June 2004
Angola	-	Warsaw Convention & Hague Protocol
Antigua and Barbuda	-	None International Protocol
Argentina	14 February 2010
Armenia	15 June 2010
Australia	24 January 2009
Austria	28 June 2004
Azerbaijan	11 April 2015
Bahamas	-	Signed. Not ratified
Bahrain	4 November 2003
Bangladesh	1 November 2022
Barbados	4 November 2003
Belarus	-	Warsaw Convention & Hague Protocol
Belgium	28 June 2004
Belize	4 November 2003
Benin	29 May 2004
Bhutan	-	None International Protocol
Bolivia (Plurinational State of)	5 July 2015
Bosnia and Herzegovina	8 May 2007
Botswana	4 November 2003
Brazil	18 July 2006
Brunei Darussalam	17 May 2020
Bulgaria	9 January 2004
Burkina Faso	25 August 2013
Burundi	-	None International Protocol
Cabo Verde	22 October 2004
Cambodia	1 April 2025
Cameroon	4 November 2003
Canada	4 November 2003
Central African Republic	-	Signed. Not ratified
Chad	10 September 2017
Chile	18 May 2009
China	31 July 2005	Entry into force for Hong Kong: 15 December 2006
Colombia	4 November 2003
Comoros	-	Warsaw Convention
Congo	17 February 2012
Costa Rica	8 August 2011
Côte d'Ivoire	5 April 2015
Croatia	23 March 2008
Cuba	13 December 2005
Cyprus	4 November 2003
Czech Republic	4 November 2003
North Korea	-	Warsaw Convention & Hague Protocol
Democratic Republic of the Congo	19 September 2014
Denmark	28 June 2004	Does not apply to the Faroe Islands.
Djibouti	-	None International Protocol
Dominica	-	Warsaw Convention & Hague Protocol
Dominican Republic	20 November 2007
Ecuador	26 August 2006
Egypt	25 April 2005
El Salvador	6 January 2008
Equatorial Guinea	17 November 2015
Eritrea	-	None International Protocol
Estonia	4 November 2003
Eswatini	22 January 2017
Ethiopia	22 June 2014
Fiji	9 January 2016
Finland	28 June 2004
France	28 June 2004
Gabon	5 April 2014
Gambia	9 May 2004
Georgia	18 February 2011
Germany	28 June 2004
Ghana	3 August 2018
Greece	4 November 2003
Grenada	-	Hague Protocol
Guatemala	6 August 2016
Guinea	-	Warsaw Convention & Hague Protocol
Guinea-Bissau	-	None International Protocol
Guyana	21 February 2015
Haiti	-	None International Protocol
Honduras	16 January 2016
Hungary	7 January 2005
Iceland	16 August 2004
India	30 June 2009
Indonesia	19 May 2017
Iran (Islamic Republic of)	-	Warsaw Convention & Hague Protocol
Iraq	-	Warsaw Convention & Hague Protocol
Ireland	28 June 2004
Israel	20 March 2011
Italy	28 June 2004
Jamaica	5 September 2009
Japan	4 November 2003
Jordan	4 November 2003
Kazakhstan	31 August 2015
Kenya	4 November 2003
Kiribati	-	None International Protocol
Kuwait	4 November 2003
Kyrgyzstan	-	Warsaw Convention & Hague Protocol
Lao People's Democratic Republic	-	Warsaw Convention & Hague Protocol
Latvia	15 February 2005
Lebanon	14 May 2005
Lesotho	-	Warsaw Convention & Hague Protocol
Liberia	-	Warsaw Convention
Libya	-	Warsaw Convention & Hague Protocol
Liechtenstein	28 June 2004
Lithuania	29 January 2005
Luxembourg	28 June 2004
Madagascar	26 February 2007
Malawi	-	Warsaw Convention & Hague Protocol
Malaysia	29 February 2008
Maldives	30 December 2005
Mali	16 March 2008
Malta	4 July 2004
Marshall Islands	-	None International Protocol
Mauritania	-	Warsaw Convention
Mauritius	3 April 2017
Mexico	4 November 2003
Micronesia (Federated States of)	-	None International Protocol
Monaco	17 October 2004
Mongolia	4 December 2004
Montenegro	16 March 2010
Morocco	14 June 2010
Mozambique	28 March 2014
Myanmar	-	Warsaw Convention
Namibia	4 November 2003
Nauru	-	Warsaw Convention & Hague Protocol
Nepal	15 December 2018
Netherlands	28 June 2004
New Zealand	4 November 2003
Nicaragua	5 November 2022
Niger	1 April 2018
Nigeria	4 November 2003
North Macedonia	4 November 2003
Norway	28 June 2004
Oman	27 July 2007
Pakistan	17 February 2007
Palau	-	None International Protocol
Panama	4 November 2003
Papua New Guinea	-	Warsaw Convention & Hague Protocol
Paraguay	4 November 2003
Peru	4 November 2003
Philippines	18 December 2015
Poland	18 March 2006
Portugal	4 November 2003
Qatar	14 November 2005
South Korea	29 December 2007
Republic of Moldova	16 May 2009
Romania	4 November 2003
Russian Federation	21 August 2017
Rwanda	19 December 2015
Saint Kitts and Nevis	-	None International Protocol
Saint Lucia	-	None International Protocol
Saint Vincent and the Grenadines	28 May 2004
Samoa	-	Warsaw Convention & Hague Protocol
San Marino	-	None International Protocol
Sao Tome and Principe	-	None International Protocol
Saudi Arabia	14 December 2003
Senegal	6 November 2016
Serbia	4 April 2010
Seychelles	12 November 2010
Sierra Leone	24 January 2016
Singapore	16 November 2007
Slovakia	4 November 2003
Slovenia	4 November 2003
Solomon Islands	-	Warsaw Convention & Hague Protocol
Somalia	-	None International Protocol
South Africa	21 January 2007
South Sudan	-	None International Protocol
Spain	28 June 2004
Sri Lanka	18 January 2019
Sudan	17 October 2017
Suriname	-	Warsaw Convention & Hague Protocol
Sweden	28 June 2004
Switzerland	5 September 2005
Syrian Arab Republic	4 November 2003
Tajikistan	-	None International Protocol
Thailand	2 October 2017
Timor-Leste	-	None International Protocol
Togo	26 November 2016
Tonga	19 January 2004
Trinidad and Tobago	-	Warsaw Convention & Hague Protocol
Tunisia	20 November 2018
Turkey	26 March 2011
Turkmenistan	-	Warsaw Convention
Tuvalu	-	None International Protocol
Uganda	27 January 2018
Ukraine	5 May 2009
United Arab Emirates	4 November 2003
United Kingdom of Great Britain and Northern Ireland	28 June 2004
United Republic of Tanzania	4 November 2003
United States of America	4 November 2003
Uruguay	4 April 2008
Uzbekistan	-	Warsaw Convention & Hague Protocol
Vanuatu	8 January 2006
Venezuela (Bolivarian Republic of)	-	Warsaw Convention & Hague Protocol
Viet Nam	26 November 2018
Yemen	-	Warsaw Convention & Hague Protocol
Zambia	-	Signed. Not ratified
Zimbabwe	28 October 2024

Criticism

Exclusion of psychiatric injuries

The Montreal Convention does not provide compensation for psychiatric injury unless it is directly linked to physical injury.^[6] Article 17, which defines carrier liability for accidents, refers specifically to "bodily injury." As a result, claims for purely psychiatric harm, such as post-traumatic stress disorder without accompanying physical injury, are generally excluded from compensation. This limitation has been the subject of criticism from accident survivors,^[7] legal scholars,^[8] and affected families.^[9]

The issue gained public attention in Australia following the case of Karen Casey, a nurse who experienced psychological trauma after the medical evacuation flight she was attending crashed off Norfolk Island.^[10] Australia had amended its laws to align with the Montreal Convention’s terminology, replacing references to "personal injury" with "bodily injury" under the Civil Aviation (Carriers' Liability) Act to ensure consistency with the treaty regarding international flights. However, the amendment also precludes claims for mental injuries unless accompanied by additional physical or property damage.^[11] The case and the broader issue were featured in a March 2015 episode of the investigative program Four Corners, which examined concerns about the exclusion of psychiatric injury from compensation claims.^[10]

Mobility equipment for disabled passengers

The liability limit of 1,288 SDR for lost, damaged, or delayed baggage also applies to mobility equipment such as wheelchairs, which can present challenges for passengers with disabilities. The value of such equipment often exceeds the compensation cap, and its loss or damage can have a much greater impact on passengers with disabilities than on others losing standard baggage.

The European Commission acknowledged this issue in a communication regarding the liability of air carriers and airports for destroyed, damaged, or lost mobility equipment, issued in connection with Regulation (EC) No 1107/2006 on the rights of disabled persons and persons with reduced mobility when traveling by air.^[12]^[13] The report noted that, unlike the European Union, jurisdictions such as the United States and Canada require airlines to fully compensate passengers for damage to mobility equipment as a condition for operating in their airspace. The Commission stated that the EU may consider similar measures if existing regulations prove insufficient.

References

^ ^a ^b Signatures and ratifications.
^ Rapoport, David E.; Ephraimson-Abt, Hans (October 2002). "A 73-Year Odyssey: The Time Has Come For a New International Air Liability System" (PDF). Issues in Aviation Law and Policy. Chicago: International Aviation Law Institute, DePaul University College of Law.
^ "2019 Revised Limits of Liability Under the Montreal Convention of 1999". icao.int.
^ "MC99" (PDF). Archived from the original (PDF) on 16 May 2018. Retrieved 25 May 2020.
^ "The Montreal Convention 1999 (MC99)". iata.org.
^ "17 – Convention for the Unification of Certain Rules for International Carriage by Air – Montreal, 28 May 1999". uio.no. 28 May 1999.
^ 2009 Pel-Air Westwind ditching
^ "Pel-Air crash survivor Karen Casey entitled to compensation for psychological trauma, Nick Xenophon says". Australia: ABC News. 22 March 2015.
^ "Karen Casey, Pel-Air crash survivor tells of PTSD on 4 Corners". News.com.au.
^ ^a ^b "Ditched". Australian Broadcasting Corporation. 23 March 2015.
^ "CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959". austlii.edu.au.
^ (EC)1107/2006.
^ Scope of Liability.

External links

Text of the Convention Archived 13 June 2017 at the Wayback Machine
Signatures and ratifications

[ratifications-1] Signatures and ratifications.

[2] Rapoport, David E.; Ephraimson-Abt, Hans (October 2002). "A 73-Year Odyssey: The Time Has Come For a New International Air Liability System" (PDF). Issues in Aviation Law and Policy. Chicago: International Aviation Law Institute, DePaul University College of Law.

[3] "2019 Revised Limits of Liability Under the Montreal Convention of 1999". icao.int.

[4] "MC99" (PDF). Archived from the original (PDF) on 16 May 2018. Retrieved 25 May 2020.

[5] "The Montreal Convention 1999 (MC99)". iata.org.

[6] "17 – Convention for the Unification of Certain Rules for International Carriage by Air – Montreal, 28 May 1999". uio.no. 28 May 1999.

[7] 2009 Pel-Air Westwind ditching

[abc.net.au-8] "Pel-Air crash survivor Karen Casey entitled to compensation for psychological trauma, Nick Xenophon says". Australia: ABC News. 22 March 2015.

[9] "Karen Casey, Pel-Air crash survivor tells of PTSD on 4 Corners". News.com.au.

[:0-10] "Ditched". Australian Broadcasting Corporation. 23 March 2015.

[www5.austlii.edu.au-11] "CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959". austlii.edu.au.

[PRM-12] (EC)1107/2006.

[liability-13] Scope of Liability.

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Miscellaneous	Air cargo Air travel Aviation taxation and subsidies Mile high club

Convention for the Unification of Certain Rules for International Carriage by Air
Signed	28 May 1999 (1999-05-28)
Location	Montreal, Quebec, Canada
Effective	4 November 2003
Parties	141 (140 states + EU)^[1]
Depositary	International Civil Aviation Organization
Languages	English, Arabic, Chinese, French, Russian and Spanish