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A Сarrier’s liability under the contract for international air transportation of passengers and luggage - an analysis of international treaties and applicable domestic law

Czech Yearbook of International Law. 2015. No. VI. P. 95-110.

The value of international air transport has increased. Today the airlines in Russia and other countries of the Commonwealth of Independent States (CIS) service a large number of passengers in the States. There are also increases in the number of flights of foreign airlines in these countries or through Russian airspace. The international air transportation legislation of the Russian Federation defines carriage as any air transportation in which at least one of the landing points is located on the territory of another state. Russia is involved in more than 130 bilateral international agreements on air services. The terms of air transportation of passengers and baggage was first determined at the multilateral Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air, 1929 (Convention). Convention rules of the carrier's liability are of great practical importance. Under the Convention carriers were liable for damage that occurs in the death, injury or any other bodily injury of a passenger, if the accident which caused the damage took place on board the aircraft or in the operations of embarking or disembarking. They were also liable for the destruction, loss or damage to checked baggage or cargo, if the occurrence which caused the damage happened during transportation by air. Finally they were liable for delay in the carriage by air of passengers, baggage, cargo. Today, according to Russian law, the carrier is liable to the passenger and cargo in accordance with the laws of Russia, international treaties of the Russian Federation, as well as the contract of carriage of passengers and luggage. A carrier's liability for damage to life or health of the passenger is determined by the rules of Sec. 59 of the Civil Code of the Russian Federation unless the law, the contract of carriage of passengers, or international treaties of the Russian Federation provides for a high amount of responsibility. For loss, shortage or damage or deterioration of baggage, cargo and luggage of the passenger, the carrier is liable in accordance with international treaties of the Russian Federation.