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With regard to the quantum of liability, the operator’s liability is limited or capped, based on the weight of the aircraft, ranging from 750,000 Special Drawing Rights (SDRs)for the smallest aircraft to 700,000,000 SDRs for the largest aircraft. This liability cap may be broken in exceptional circumstances only.250 The limits of liability of the operator may be broken in exceptional cases. Where the total amount of damages exceeds the limits of liability of the operator under Article 4, plus the amounts payable by the International Fund (i.e., the amount of damages exceeds the .rst and second layers), a person who has suffered damage may claim additional compensation from the operator.251 To succeed, the person must prove that the operator or its employees have contributed to the occurrence of the event by an act or omission done with intent to cause damage or recklessly and with knowledge that damage would probably result. Where an employee has contributed to the damage, the operator shall not be liable for such additional compensation if it proves that an appropriate system for the selection and monitoring of its employees has been established and implemented. The circumstances where the operator or its senior management shall be presumed not to have been reckless are set out in the Convention.252
The COP can also decide whether to provide supplementary compensation to passengers on board an aircraft involved in an event. Compensation shall be paid by the International Fund to the extent that the total amount of damages exceeds the Article4 limits253 In other words, where there is damage for which the operator is liable, it will pay up to the level of its cap, and the International Fund will pay additional compensation above and beyond the level of the cap. It is expected that
248Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 2.2. 249Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 3.1. 250Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 4. 251Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 23. Also,
Article 18.2.
252
Article 23.4.
253
Article 18.1.
operators will be able to obtain insurance up to the amount of the cap. If insurance is unavailable, or is only available at a cost incompatible with the continuedoperation of air transport, the International Fund may pay the damages for which the operator is liable.254 In general, the maximum amount of compensation that would be available from the International Fund is set at 3 billion SDRs for each event.255
The COP could, inter alia, establish Regulations of the International Fund, Guidelines for Compensation, Guidelines on Investment, .x the contributions to be made to the International Fund and decide the cases where .nancial support shouldbegiventothe operatorin casesof eventsin States non-Party.256TheCOPis required to meet once a year unless it decides otherwise.
The contributions to the International Fund shall be mandatory amounts col-lected in respect of each passenger and each tonne of cargo departing on an international commercial .ight from an airport in a State Party.257 Where a State Party has made a domestic opt-in declaration, such amounts shall also be collected in respect of each passenger and each tonne of cargo departing on a commercial .ight between two airports in that State Party. The Convention also provides that contributions in respect of each passenger and tonne of cargo shall not be collected more than once in respect of each journey, whether or not that journey includes stops or transfers. It is envisagedthat the COP may specify amounts of contribution from general aviation. The operator is required to collect the amounts and remit them to the International Fund. In general, the total amount of contributions collected by the International Fund within two consecutive years shall not exceed 9 billion SDRs.258
One of the functions of the COP is to decide theperiod and rate of contributions in respect of passengers and cargo departing from a State Partyto be made from the time of entry into force of the Convention for that State Party.259 There is also provision that initial contributions shall be paid in respect of passengers and cargo departing on .ights covered by a domestic opt-in declaration. Contributions shall be .xed so that the funds available amount to3 billion SDRs within four years. If the funds available are deemed suf.cient in relation to likely compensation or .nancial assistance to be provided in the foreseeable future and reach the 3 billion SDRs level, the COP may decide to stop collecting.
　
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