The New Unlawful Interference Convention Benefits for Third Party Victims Gilles Lauzon, Q.C. Past Chairman ICAO Legal Committee

Advancing the International Legal Architecture for Dealing with Terrorism  Objective 1: High level of compensation for victims.  Objective 2: Resolving the war risks insurance issue for the aviation industry.

Admissible damage claims  Death, bodily injury, damage to property  Mental injury subject to certain conditions  Environmental damage  NO punitive, exemplary or other non- compensatory damages

Other features  Claims will be settled by operator and International Fund  No other defendants (except the terrorist)  Limitation period: 2 years  Single jurisdiction: place of occurrence of damage  International recognition and enforcement of judgements

Amounts recoverable  No monetary limits on individual claims  Operator per event limit varying according to weight of aircraft  For a B747: SDR500 million ($850 million)  Covered by insurance  Plus SDR3 billion ($5.1 billion) covered by International Fund  Total per event involving B747: $6 billion  Advance payments available

Focus on Recovery of compensation NOT liability  Prove applicability of Convention  Prove entitlement to damages, standing  Prove amount of damages  No need to prove a wrong doing by the defendant operator  No need to prove causal link between damage and a defendant’s wrong doing  Reduces opportunities for wasteful litigation

Advantageous for victims?  Streamlined recovery process  Multi-billion dollar compensation fund  Greater than aircraft operator could offer  Elimination of litigation against others, generally fraught with cost, delay and uncertainty as to result and recovery  Additional support if necessary, as decided by affected States

Overarching aims  Victims get compensation  Aircraft keep operating Both on reasonable and realistic terms