ADMINISTRATIVE REFERENCE
FOR THE RATIFICATION OF THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR, DONE AT MONTREAL ON 28 MAY 1999, OR FOR ACCESSION THERETO
INFORMATION ON THE DOCUMENT AND MAIN ARGUMENTS IN FAVOUR OF ITS RATIFICATION
1. Full title of the document:
Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (Doc 9740).
2. History of adoption
International Conference on Air Law, Montreal, 10-28 May 1999.
3. Brief reference
This Convention modernized and strengthened the international legal regime established under the Warsaw Convention of 1929 and the various instruments amending it (the so-called “Warsaw System”), and defines, within a consolidated and unified framework, rules relating to international carriage of passengers, baggage and cargo performed for reward by means of an aircraft.
The Convention facilitates the use of simplified modern transport documents (passenger tickets, air waybills) by allowing electronic or computer data processing means to be used for the issuance of such documents.
With respect to cases of death or bodily injury of passengers resulting from an event, the Convention established a two-tier liability regime. For proven damage not exceeding the initial limit of 100,000 Special Drawing Rights (SDRs)* per passenger, the carrier is strictly liable regardless of fault, and only in the case of negligence on the part of the passenger or the person claiming compensation that contributed to the damage may the carrier be partially or fully relieved of liability. The carrier’s liability for damage exceeding the initial limit of 100,000 SDRs* is based on a system of presumption of fault without established liability limits. The carrier is not liable for such damage if it proves that the damage was not caused by its negligence or other wrongful act or omission.
The system of strict liability also applies to cases of damage resulting from loss of baggage. With respect to destruction or loss of cargo, the Convention provides for a system of strict liability while preserving certain defences for the air carrier.
The initial liability limit for claims relating to cargo was 17 SDRs* per kilogram, and the initial liability limits for loss or destruction of baggage and for delay in the carriage of passengers were 1,000 SDRs* and 4,150 SDRs* per passenger, respectively.
With respect to the above amounts, the Convention provides for a review mechanism designed to preserve the real value of these amounts after the entry into force of the Convention. Under Article 24, the liability limits are subject to review by the depositary every five years, with the first review being conducted at the end of the fifth year after the date of entry into force of the Convention. The fourth such review was conducted in 2024 (see paragraph 5 below).
With regard to jurisdiction, the Convention provides that in the event of bodily injury or death of a passenger, an action for liability, in addition to the four existing jurisdictions provided for within the Warsaw System, may also be brought before a court of the State in which the passenger has his or her principal and permanent residence at the time of the accident, provided that the air carrier has the necessary operational and commercial presence in that State.
The Convention established a requirement for mandatory insurance, according to which an air carrier may be required to provide proof to the State over which the carrier operates flights that it maintains adequate insurance covering its liability.
The Convention also contains rules concerning the liability of the actual carrier and the contracting carrier with respect to a passenger or consignor.
4. Main arguments in favour of ratification
This Convention restored a critically needed level of uniformity and predictability of the rules governing the international carriage of passengers, baggage and cargo. While preserving the core provisions that successfully served the international aviation community for several decades, the Convention at the same time provides the necessary modernisation in a number of key areas.
It protects the interests of the passenger by introducing the modern two-tier liability system referred to in paragraph 3 above and by facilitating prompt compensation for proven damage without the need to resort to lengthy court proceedings. Air carriers, for their part, achieve substantial operational savings through the use of simplified transport documents created by electronic means, especially in the field of cargo carriage, as well as through an enhanced ability to manage risk more effectively.
5. Entry into force and review of liability limits
The Convention entered into force on 4 November 2003.
* As a result of the fourth review of the liability limits carried out by ICAO in accordance with Article 24, the following revised rounded limits, expressed in SDRs, have been in effect since 28 December 2024¹:
26 SDRs per kilogram in the case of destruction, loss, damage or delay of cargo during carriage (paragraph 3 of Article 22);
1,519 SDRs per passenger in the case of destruction, loss, damage or delay of baggage during carriage (paragraph 2 of Article 22);
6,303 SDRs per passenger for damage caused by delay in the carriage of persons (paragraph 1 of Article 22);
151,880 SDRs per passenger for damage caused in the event of death or bodily injury (for the first tier) (paragraph 1 of Article 21).
¹ See Supplement No. 3 to Doc 9740, concluded in Montreal on 9 December 2024.
6. Depositary
The Secretary General
International Civil Aviation Organization (ICAO)
Attention: Legal Affairs and External Relations Bureau
999 Robert-Bourassa Boulevard
Montreal, Canada
H3C 5H7
Attached:
model instruments of ratification and accession.
MODEL
INSTRUMENT OF RATIFICATION
[NAME OF STATE]
WHEREAS the Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter referred to as the “Convention”) was concluded in Montreal on 28 May 1999,
WHEREAS the Convention was signed on behalf of [name of State] [date],
AND TAKING INTO ACCOUNT that Article 53, paragraph 3 of the Convention provides that the Convention shall be subject to ratification, acceptance or approval by the states that have signed it,I, [name, surname and title of the head of state, head of government or minister of foreign affairs], declare that the government of [name of state], having considered the aforementioned Convention, RATIFIES it and undertakes to perform and comply faithfully with the provisions contained therein.
IN WITNESS WHEREOF I have signed this instrument of ratification at [place] [date].
[Original signature of the head of state, head of government or minister of foreign affairs] and
[original seal]
MODEL
INSTRUMENT OF [ACCEPTANCE] [APPROVAL] [ACCESSION]
[NAME OF STATE]
TAKING INTO ACCOUNT that the Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter referred to as the “Convention”) was concluded in Montreal on 28 May 1999,
AND TAKING INTO ACCOUNT that, in accordance with Article 53, paragraph 4 of the Convention, any state that has not signed the Convention may accept or approve it or accede to it at any time,
I, [name, surname and title of the head of state, head of government or minister of foreign affairs], declare that the government of [name of state], having considered the aforementioned Convention, [ACCEPTS it] [APPROVES it] [ACCEDES to it] and undertakes to perform and comply faithfully with the provisions contained therein.
IN WITNESS WHEREOF I have signed this instrument of [acceptance] [approval] [accession] at [place] [date].
[Original signature of the head of state, head of government or minister of foreign affairs] and
[original seal]
Source of the main document and all supplementary documents with all amendments:
Source of all amendments:
Download the latest amendments (ru): 2024 Revised Limits of Liability Under the Montreal Convention 1999
Download the latest amendments (original): 2024 Revised Limits of Liability Under the Montreal Convention 1999
Download the main document with amendments (ru): Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999
Download the main document with amendments (original): ADMINISTRATIVE PACKAGE
*Sources are current as of 29.06.2026.