Being Made Whole MH370
Press Release (ePRNews.com) - USA - Apr 15, 2019 - Gone are the days when people used to travel by ship in order to get from one continent to the next. The most common travel path now is that of people flying from one part of the globe right to another. Long haul flights may include multiple layover destinations. Additionally, flying has become so common that it is even cheaper than almost any other mode of transport. Despite how common it is to fly, accidents and unfortunate events do occasionally befall travelers. This was so with the Malaysian airlines Flight MH370. This article will look at how the disappearance of MH370 ‘makes whole’ relatives of those traveling on the flight by way of the Montreal Convention.
Malaysia airlines flight MH370 departed from Kuala Lumpur International Airport at around 12h41 on Saturday, 8 March 2014. The flight was expected to arrive in Beijing capital international airport at 06h30 the same day. However, more than 30 days later, and with multiple search and rescue initiatives from South China Sea to the southern Indian Ocean, there was little to no chance of ever locating the black box of the flight. The airline simply disappeared without a trace and without explanation. Many theories or hypotheses have been suggested as to what could have happened to the flight and its passengers. Unfortunately, these theories and hypotheses do not make up for the loss relatives of those on the flight have suffered.
With the disappearance of MH370 became known the Montreal Convention referenced earlier in this article. However, not many people know about it and one article stated that even Malaysia itself was not fully aware of the convention, “because Malaysia, and especially Malaysian Airways have not faced an accident of this magnitude in recent times.”
One article reported on key questions that may be asked with regard to an aviation accident that have happened, such as that of Malaysia airlines MH370 in association with the Montreal Convention.
The Montreal Convention is the first convention for the unification of certain rules for international carriage by air. Initially it was known as the Warsaw Convention, but was changed in 1929. These conventions made several provisions regarding air travel internationally and in 1999, the parties to the Warsaw Convention ‘codified, consolidated, harmonized and modernized the convention and relative instruments – especially and including the protection of the balance of interests of customers and air carriers in international carriage by air and reasonable compensation’, becoming known as the Montreal Convention. There are no fewer than 105 parties to the convention which include Australia, Canada, China, France, India, Malaysia, New Zealand, The Netherlands, Ukraine and the United States; all of whom had their respective nationals on board MH370.
Generally, relatives of passengers on MH370 were interested in knowing when an airline becomes liable for the death or disappearance of their loved ones; one article stated the following “under article 17 of the convention compensation can be claimed for death or bodily injury if the accident took place “on board the aircraft or in the course of any of the operations of embarking or disembarking”.
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