Statute Details
- Title: Carriage by Air (Parties to Conventions) Order
- Act Code: CAA1988-OR1
- Type: Subsidiary legislation (Order)
- Authorising Act: Carriage by Air Act (Chapter 32A), sections 4(1) and 10(1)
- Citation: G.N. No. S 248/1988 (Revised Edition 1990 (25th March 1992))
- Status: Current version as at 26 Mar 2026
- Key Provisions (from extract): Sections 1–4; Schedules 1–3
- Schedules: First Schedule (High Contracting Parties and territories); Second Schedule (Additional Protocol declarations); Third Schedule (military authorities / aircraft reservation)
What Is This Legislation About?
The Carriage by Air (Parties to Conventions) Order is a Singapore legal instrument that “certifies” which foreign states (and their territories) are treated as parties to specific international air carriage conventions, and which states have made particular declarations under those conventions. In practical terms, it helps Singapore courts and legal practitioners determine which international carriage-by-air rules apply when passengers or cargo are transported across borders.
Singapore’s approach is to incorporate and apply international treaty regimes through domestic legislation. This Order operates as a key administrative/legal bridge: it identifies the relevant “High Contracting Parties” to the Convention and the amended Convention, and it records treaty-related opt-outs or declarations that affect how the Convention operates for certain types of carriage.
Although the extract provided is short, the Order’s function is significant. It does not itself create the substantive liability rules for airlines; rather, it determines the treaty participation landscape that those substantive rules depend on. Where a state is certified as a party (or where a territory is not certified), the applicable legal regime for international carriage can change.
What Are the Key Provisions?
Section 1 (Citation) is straightforward. It provides the short title by which the Order may be cited. For practitioners, this matters for proper referencing in pleadings, submissions, and compliance checklists.
Section 2 (High Contracting Parties) is the core certification provision. Section 2(1) states that Singapore certifies the High Contracting Parties to the Convention and to the amended Convention, and the territories in respect of which they are respectively parties, as specified in the First Schedule. This means the First Schedule is the authoritative list for treaty participation.
Section 2(2) adds an important interpretive detail: within the First Schedule, an asterisk in a column opposite the name of a territory indicates that the Order does not certify that a state is a party, in respect of that territory, to the Convention named at the head of the column. In other words, treaty status may differ by territory even where the state is generally a party. This is a common issue in international treaty application, and the Order’s notation prevents overbroad assumptions.
Section 3 (Additional Protocol) addresses a specific treaty mechanism: the Additional Protocol to the Convention. Section 3 provides that Singapore certifies the High Contracting Parties specified in the Second Schedule as having availed themselves of the Additional Protocol. The certification is tied to a particular declaration: those states have declared that the first paragraph of Article 2 of the Convention shall not apply to international carriage by air performed directly by the State or by a territory/possession under its jurisdiction.
Practically, this affects whether certain state-performed carriage is treated as falling within the Convention’s scope. Article 2 (as referenced) typically concerns the scope of application—particularly whether carriage by or on behalf of states (as opposed to private carriers) is covered. By recording which states have made the Additional Protocol declaration, the Order helps determine whether the Convention regime applies to state-operated or state-performed international carriage for those jurisdictions.
Section 4 (Aircraft in use for military purposes) provides a further scope limitation. It states that the amended Convention shall not apply to carriage of persons, cargo, and baggage for the military authorities of a state specified in the Third Schedule, where the aircraft is registered in that state and the whole capacity of the aircraft has been reserved by or on behalf of those military authorities.
This is a classic treaty carve-out: military carriage may be excluded from the amended Convention when specific conditions are met. The two conditions are crucial for legal analysis: (1) the carriage must be for the military authorities of a specified state; and (2) the aircraft must be registered in that state, with the whole capacity reserved by or on behalf of the military authorities. For practitioners, these conditions are often fact-intensive and can be determinative of whether the amended Convention’s liability framework applies.
How Is This Legislation Structured?
The Order is structured as a short set of operative provisions followed by three schedules.
Sections 1–4 set out the Order’s purpose and the certification mechanisms. Section 1 provides the citation. Section 2 certifies High Contracting Parties and territories (with the asterisk rule for territories not certified). Section 3 certifies states that have made Additional Protocol declarations affecting the application of Article 2(1). Section 4 sets out a military carriage exclusion tied to the Third Schedule and specific factual conditions.
Schedules provide the substantive lists that the operative sections rely on:
- First Schedule: identifies the High Contracting Parties and the territories in respect of which they are parties to the Convention and the amended Convention (including the asterisk notation for territories where certification is not given).
- Second Schedule: identifies the High Contracting Parties that have availed themselves of the Additional Protocol and made the relevant declaration regarding Article 2(1).
- Third Schedule: identifies states whose military authorities’ carriage is excluded from the amended Convention when the aircraft is registered in that state and fully reserved for military purposes.
Who Does This Legislation Apply To?
This Order is a Singapore instrument that affects how international air carriage conventions are applied in Singapore. It is not directed at the general public in the way a regulatory statute might be; rather, it is directed at the legal system—courts, practitioners, and parties to disputes—by clarifying treaty participation and scope limitations.
In practice, it will matter to air carriers, freight forwarders, insurers, passengers, and cargo interests when determining which international liability regime governs a claim. It is also relevant to government and military authorities involved in state-performed or military carriage, because the Order records treaty declarations and exclusions that can shift the applicable legal framework.
Why Is This Legislation Important?
Although the Order is brief, it is legally consequential. International carriage-by-air disputes often turn on threshold questions: which treaty regime applies, whether the Convention covers the particular carriage at issue, and whether any carve-outs exclude the claim from the amended Convention. This Order supplies the Singapore-certified answers to those threshold questions by listing treaty parties and recording treaty declarations and exclusions.
For practitioners, the most important value of the Order lies in its certification function. Rather than requiring parties to independently research treaty status and declarations for each destination state and territory, the Order provides a domestic reference point. That can be critical in litigation where time, cost, and evidential burdens matter.
In addition, the Order’s scope carve-outs—particularly the military carriage exclusion in section 4—can materially affect liability outcomes. If the amended Convention does not apply, the governing law may revert to other sources (such as domestic law or other treaty instruments, depending on the facts). Similarly, the Additional Protocol certification in section 3 can affect whether state-performed international carriage is treated as within the Convention’s scope.
Finally, the First Schedule’s asterisk rule is a practical litigation safeguard. Territory-specific treaty status is a frequent source of error. By explicitly indicating where certification is not given for a territory, the Order reduces the risk of misapplying treaty regimes to routes involving territories with distinct legal arrangements.
Related Legislation
- Carriage by Air Act (Chapter 32A) — the authorising Act for this Order (notably sections 4(1) and 10(1)).
- International air carriage conventions referenced by the Order (including the Convention and the amended Convention), as implemented through Singapore’s domestic framework.
- Additional Protocol to the Convention — referenced in section 3 and reflected in the Second Schedule.
Source Documents
This article provides an overview of the Carriage by Air (Parties to Conventions) Order for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.