ICAO Diplomatic Conference looking to replace Rome Convention 1952

A diplomatic conference being held at the International Civil Aviation Organization (ICAO) in Montreal from 20 April to 2 May 2009 is examining the legal issue of compensation caused by aircraft to third parties from acts of unlawful interference or from general risks.

The two draft conventions being considered are intended to replace the Rome Convention 1952 and the Montreal Protocol 1978. Information on parties to these treaties is available from ICAO here. They have not been that widely adopted, with the main treaty having 49 parties and the protocol only 12 parties.

Neither Australia nor New Zealand are parties to the Rome Convention. In New Zealand this area of law is covered by an accident compensation scheme and s.97 of the Civil Aviation Act. In Australia the relevant law is the Damage by Aircraft Act 1999. Australia and Canada were parties to the Rome Convention but withdrew.