Implementation of the Provision on Insurance under the Convention for the Unification of Certain Rules for International Carriage by Air

Abstract

Convention for the Unification of Certain Rules for International. Carriage by Air, 1999 or the Montreal Convention obliges states parties to require their carriers to maintain adequate insurance covering their liability under this Convention. By ratifying the Montreal Convention, Thailand has to implement this provision. This article aims to study how Thailand implement the provision concerning insurance into its domestic legal system and whether the implementation is in line with Thailand’s obligation. The article explores the drafting history of the Montreal Convention, scholars’ opinion towards the provision on insurance. The article also compares Thai law with laws from states parties to the Montreal Convention i.e. the European Union, the United States of America, Canada and Australia. The compared issues are the persons required to insure, types on an insurance contract, insured money, and enforcement measures.