Taking Air Passenger Rights Seriously: The Case Against the Exclusivity of the Montreal Convention

The 1999 Montreal Convention seeks to unify certain rules concerning the liability of air carriers in international air transport. This article highlights the problems that the exclusion of national rules in favour of a unified international legal regime poses from a consumer protection point of view. International trade regulation carries an inherent structural risk of bias in favour of industry rather than consumer interests. Drawing inspiration from international human rights law, the alternative of an inspired approach based on subsidiarity is put forward, which, instead of seeking rigid uniformity at international level, allows for the recognition of a complementary role for international, regional and national levels in protecting consumers. The feasibility of adopting such a perspective in interpreting the Montreal Convention is also considered.