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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

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
The reasons advanced for the adoption of
a compulsory insurance law are briefly as
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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