Responsibility and Liability Aspects of the Icelandic Volcanic Eruption

Abstract

The fallout from the Icelandic volcano in April 2010 brought to bear yet another burden on the airline industry and issues and questions on responsibility for stranded passengers worldwide. The most curious outcome of the closure of airspace over some European States and the subsequent grounding of flights worldwide, resulting in hundreds of thousands of passengers being left to their own devices in instances where the airlines did not, or could not, provide assistance, was the noticeable silence on the part of States concerned with regard to their responsibilities to travelling citizens. Although under ordinary circumstances airlines are liable to look after their passengers, particularly in circumstances within their control, the volcano was completely unexpected and air carriers were faced with State action, which closed the airspace of several European States. This article discusses the nature and effects of a volcanic eruption on aircraft in flight, along with regulatory issues connected thereto and two issues of liability: State liability and air carrier liability, with a focus on European law and practice.