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1 Aeronautical L.J. [i] (1933)

handle is hein.journals/aerolj1 and id is 1 raw text is: AERONAUTICAL LAW JOURNAL Devoted Exclusively to Law of the Air and Radio Vol.1 No. I NOVEMBER, 1933 Price: Five Cents COMPULSORY AVIATION INSURANCE Robert Homburg The liability of the aerial carrier is one of the most important questions presented by the development of aerial transportation. The question concerns liability as to passeh- gers and goods carried, as to third parties, as to the navigating crew, and as to oth er ships in case of collision. Insurance has seemed the most practical means of preparing some basis for getting together the various parties, with sharply opposed interests. Since the carrier's liability is based chiefly on risk, against the conse- quences of which, insurance is designed to protect, legal scholars have always thought of insurance along with liability. The works of the leading authorities clearly indicate this viewpoint. Some proposals of compul- sory regulation have naturally arisen from the study of aerial insurance, and the writers have been led to consider the creation of a universal system of compulsory insurance for aerial conveyances. After the International Judicial Committee of Aviation has completed their survey of the problem, the International Technical Committee of Aerial Legal Experts (C.I.T. E.J.A.) and the Committee on Air Transport of the International Chamber of Commerce will grapple with the question. Thus far, however, from the point of view of inter- national law, compulsory insurance for air traffic has not progressed beyond the forma- tive stage. Spain, alone, has in a recent law set forth the principles in skeleton form. The generally accepted workmen's com- pensation laws make compulsory insurance for the navigating crew a reality in most foreign countries. Why has the principle not been extended to all cases of the car- rier's liability? That new applications must be sought as to passenger conveyance, merchandise car- ried and danger to third parties, is generally conceded, but, as to the merits of compul- sory insurance there seems to be no agree- ment, and not even a basis for compromise between the advocates and opponents of the principle. The reasons advanced for the adoption of a compulsory insurance law are briefly as follows: 1. The absence of any liability in many air accidents. This, at least, is the view taken as to sea accidents by the Comit6 Maritime International, which has worked out a very interesting plan as to the pro- tection of passengers, especially with regard to emigrants. 2. It is evidently necessary to protect in- terests which may be left without redress for injuries, either because of the absence of

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