Compensation for non-pecuniary damage in air accidents while traveling internationally

Abstract

The civil liability of airlines to passengers on international transportation is governed by the Warsaw and Montreal Conventions. None of the treaties contain substantive law on the issue of damages, functioning instead as a “pass-through” that authorizes courts to apply domestic law to specify what harms are cognizable and by whom. Whether an air carrier could and should be held liable to a passenger for emotional trauma alone is wildly discussed and has been the subject of investigation by many courts. The goal of the article is to show the possible ways of interpretation of the treaties in different jurisdictions.