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C. The Rome Convention of 1952
These sums may be converted into national currencies in round .gures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment, or, in cases covered by Article 14, at the date of the allocation.
A Contracting State is given the option of requiring the operator of an aircraft registered in another Contracting State to obtain insurance with respect to his liability for damage sustained in its territory for which a right to compensation exists under Article 1.
The Convention prescribes, in Article 15 that such insurance shall be accepted as satisfactory if it conforms to the provisions of the Convention and has been effected by an insurer authorized to effect such insurance under the laws of the State where the aircraft is registered, or of the State where the insurer has his residence or principal place of business, and whose .nancial responsibility has been veri.ed by either of those States. If insurance has been required by any State under paragraph 1 of Article 15 and a .nal judgment in that State is not satis.ed by payment in the currency of that State, any Contracting State may refuse to accept the insurer as .nancially responsible until such payment, if demand has been made.176

Notwithstanding the above, the State over.own may refuse to accept as satisfac-tory insurance effected by an insurer who is not authorized for that purpose in a Contracting State. The Convention also provides that an appropriate cash deposit, a bank guarantee or a guarantee given by a Contracting State may suf.ce instead of insurance, for the purpose of Article 15. The State over.own may also require that the aircraft carrying the certi.cate of insurance issued by the insurer certifying that insurance has been affected in accordance with the Convention. Article 20 pre-scribes that actions under the Convention may be brought only before the courts of the Contracting State where the damage occurred. Exceptionally, however, the parties to an action under the Convention may consensually agree to bring the action in a court of another jurisdiction, provided such option does not impugn or jeopardise the right of the plaintiff to bring the action in a jurisdiction in which the accident occurred.
Perhaps the most signi.cant feature of the Rome Convention of 1952, which currently impacts the modernization process it is going through, is the nature of liability. It will be recalled that at the Rome Conference, the United States made a strong case for basing liability of the operator, on fault liability as accepted by common law to be rebutted by the operator in the absence of fault and not an absolute liability. The United States delegation contended that air transportation, whether commercial or private, served a great public purpose, both national and international. Therefore, it was proper to take every reasonable step to encourage its development bearing in mind that the development of aviation included a proper relation between the responsibility of the operator and the third parties who might be damaged as a consequence of an aviation accident. The opinion of the United States was that there was no necessity of imposing on aviation a heavier burden than
Article 15.
that imposed on other means of transportation. The draft Convention presented to the Conference made the operator liable even if it were evident that he had committed no fault. This principle was in contradiction with the basic principles of common law and seemed to be incompatible with the general principle applicable in civil law countries. The draft Convention provided that once an operator had put an aircraft in the air, if the aircraft crashed on the surface, the operator was liable up to the limits which might be included in the Convention, no matter what the cause of the accident, and that liability would exist no matter how far beyond the control of the operator might be the force which actually caused the accident. In this latter case the operator could not defend himself by proving that he was without fault.
　
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