A Legal Analysis of the Adoption of SARPs for a Uniform Passenger Rights’ Regime

State sovereignty allows for states to adopt their own laws. Considering the approach of courts in the EU and Canada with regards to MC99’s exclusivity, by means of which passenger rights regulations are not inconsistent with MC99, states are free to adopt local legal regimes pertaining to passenger rights. This leads to a high level of uncertainty in international carriage by air as many conflicting local laws may apply to a single carriage, thus affecting air carriers and consumers. In lieu of an international treaty governing the field, it will be possible for the International Civil Aviation Organization (ICAO) to adopt standards regulating passenger rights at an international level.