IATA Conditions of Contract and Carriage (Passengers And Baggage): A Constant Tussle between Regulatory Authorities and Airlines

 By Rishiraj Baruah *

  1. Introduction

International Air Transport Association (IATA) is a private international organization; whose members are airlines, specifically composed of the scheduled airlines of the world.[1] While, it is a private corporate body incorporated according to Canadian Law with its headquarters in Montreal, it performs functions which are ‘quasi- public’ in nature.[2] It is termed as quasi-public because half of its members are either State-owned airlines or are de facto controlled by States which logically, means that mostly members are either controlled or supervised by their respective states and conduct operations according to the will of their governments.[3]Read More »

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The Shooting of MH17: Is international law failing?

By Rishiraj Baruah*

Ukraine_ Is MH17 attack lawful?_international_law
The wreckage of Malaysia Airlines Flight 17 near the village of Hrabove, eastern Ukraine. (AP Photo/Evgeniy Maloletka)

The Malaysian Airlines flight MH17 from Amsterdam to Kuala Lampur, flying at 33,000 feet, was shot down in the Donetsk Oblast in Eastern Ukraine on 17th July 2014. All passengers and crew on board were killed instantly as the aircraft broke in-flight and its remnants subsequently crashed on ground.[1] The civilian aircraft was allegedly shot down using surface to air missiles (SAM) by pro-Russian separatists in Ukraine, however the separatists and Russia claims to the contrary. Following this human tragedy of shooting down MH17, there was much international hue and cry over Russian responsibility for the act due to its alliance with the separatist forces in Donetsk Oblast.[2] However, state responsibility under international law is not so simple as it seems. I would firstly, examine hereinafter whether Russia could be held responsible for the shooting down of MH17 by the separatist forces and thenceforth evaluate the public air law response to this tragedy. The reason for such an approach is the lex generalis nature of public international law and public air law being lex specialis.Read More »