| 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 |
TheMontreal Convention (formally, theConvention for the Unification of Certain Rules for International Carriage by Air) is amultilateral treaty adopted on 28 May 1999 by member states of theInternational Civil Aviation Organization (ICAO) and entered into force on 4 November 2003. It updated and replaced parts of the earlierWarsaw Convention andHague 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 ofpassengers,baggage andcargo, 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 areautomatically responsible for proven damages up to 128,821special 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]
Under the Montreal Convention, air carriers arestrictly liable for proven damages up to 128,821 special drawing rights (SDR), a mix of currency values established by theInternational 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 maintainliability insurance.
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.
As April 2025, there are 141 parties to the convention. Included in this total is 140 of the 193 ICAO Member States plus theEuropean Union. The states that have ratified represent 139UN member states plus theCook 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 |
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 aspost-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 offNorfolk 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 programFour Corners, which examined concerns about the exclusion of psychiatric injury from compensation claims.[10]
The liability limit of 1,288 SDR for lost, damaged, or delayed baggage also applies to mobility equipment such aswheelchairs, which can present challenges for passengers withdisabilities. The value of such equipment often exceeds the compensation cap, and its loss or damage can have a much greater impact on passengers withdisabilities 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.