A Comparative Study of Civil Liability Arising from the Air Transport of Dangerous Goods in Iranian Law, Jurisprudence (Fiqh), and International Instruments

Taheri, Sara; Hosseini Moghadam, Seyyed Hasan; Delshad  Moaref, Ebrahim

doi:10.22034/law.2025.2043764.1471

A Comparative Study of Civil Liability Arising from the Air Transport of Dangerous Goods in Iranian Law, Jurisprudence (Fiqh), and International Instruments

Articles in Press

Document Type : scientific research paper

Authors

Sara Taheri ¹

Seyyed Hasan Hosseini Moghadam ²

Ebrahim Delshad Moaref ³

¹ PhD student in private law, Qom Branch, Islamic Azad University, Qom, Iran.

² Associate Professor, Department of Private Law, Faculty of Law and Political Sciences, University of Mazandaran ,, Babolsar, Iran

³ Assistant Professor, Department of Private Law, Qom Branch, Islamic Azad University, Qom, Iran.

10.22034/law.2025.2043764.1471

Abstract

Air freight refers to the transportation of goods by aircraft to various destinations worldwide. This method is the fastest way to move goods over long distances and is highly suitable for perishable, high-value, or time-sensitive cargo. However, regarding the air transport of dangerous goods, it is important to note that such cargo can pose significant risks to human health, property, and flight safety. These risks necessitate strict adherence not only to general regulations but also to specific rules established for the safe transport of hazardous materials, in order to prevent human, environmental, and financial losses. In terms of safety, it is essential to assess factors such as types of hazards, contributing risk factors, their potential consequences, and the extent of possible human, financial, and environmental damages before an incident occurs. Some cargo in air freight may be hazardous to the aircraft itself or to passengers. Goods such as uranium, dangerous gases and liquids (e.g., strong acids), etc., are classified by the IATA (International Air Transport Association) as dangerous goods for air transport, subject to restrictions or even outright bans in some cases. To enhance safety standards, IATA has established specific guidelines for the air transport of such goods, including packaging requirements, placement within the aircraft, permissible shapes and volumes, and in some cases, even the types of aircraft suitable for their transport. Additionally, IATA provides training programs for air cargo and freight companies through its IATA Training and Development Institute, focusing on proper packaging and handling procedures. Although safety obligations are widely considered a contractual responsibility in legal terms, extending them to non-contractual liability is also justified. This is because, in many cases, third parties and the environment may also be exposed to risks and damages. Regarding the transport of dangerous goods, despite the acceptance of fault-based liability under Article 1 of the Civil Liability Act, the extensive and severe potential damages—along with the difficulty (or impossibility) of proving fault—make strict liability (no-fault liability) a more reasonable approach. This research aims to examine the issue through a descriptive-analytical method, exploring its implications in Iranian law, Islamic jurisprudence (Fiqh), and international regulations.

Keywords

Aviation

Dangerous Goods

Transport Operator

Civil Liability

Compensation

Subjects

Civil Liability Rights

Abbaslu, Bakhtiar. (2011). Civil Liability with a Comparative Perspective, Vol. 1. Mizan Publications, 1st ed. (in Persian)
Alhoudial, Mamdouh Ali. (2005). Air Carrier Liability: Unfinished Unification of Private International Air Law. Thesis, Institute of Air and Space Law, McGill University.
Azizi, Ebrahim. (2006). Exemptions of Air Carriers Regarding Passengers and Cargo. Journal of Legal Research, No. 43. (in Persian)

Bahrami Ahmadi, Hamid & Fahimi, Azizollah. (2007). The Basis of Environmental Civil Liability in Islamic Jurisprudence and Iranian Law. Islamic Law Research Journal, Vol. 8. (in Persian)
Barati, Davood & Rahbar, Nasser. (2008). Laws and Regulations on the Transport of Hazardous Materials. First Conference on Hazardous Materials Transport and Environmental Impacts, University of Tehran. (in Persian)
Bejnordi, Seyed Hassan. (1998). Al-Qawa'id al-Fiqhiyya. Al-Hadi Publications, 1st ed. (in Persian)

Clarke, Malcolm. (2010). Contracts of Carriage by Air, 2nd Edition. Lloyd’s Law, London.
Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention, 1929). ICAO Doc. 7838.
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention, 1999).
Convention Supplementary to the Warsaw Convention (Guadalajara Convention, 1961).

Damircheli, Mohammad. (2004). Civil Liability of Maritime Carriers. PhD Thesis, University of Tehran. (in Persian)
Diederiks-Verschoor, I.H.Ph. (1998). An Introduction to Air Law. London.
Dinara, Barat. (1995). A Study on the Transport of Hazardous Goods in the Aviation of the Islamic Republic of Iran. Master’s Thesis, Amirkabir University of Technology. (in Persian)

Fakhari, Amir Hossein & Mohammadzadeh Moslem. (2007). Elements of Contractual Liability of Air Carriers Towards Passengers under the Warsaw System and Montreal Convention 1999. Islamic Law Research Journal, Vol. 8, No. 25. (in Persian)
Fat’hollahpour Shirazi, Ahmad Reza. (2007). Passenger Rights in Aviation. Homa Publications. (in Persian)

Gabbari, Mansour. (2000). Liability of Air Carriers Towards Passengers and Cargo (Warsaw System). Journal of the Faculty of Law and Political Science, No. 48. (in Persian)
Gabbari, Mansour. (2011). International Air Law. Mizan Publications, 1st ed. (in Persian)

Hooshmand Firoozabadi, Hossein. (2019). Civil Liability Arising from Environmental Damages. Journal of Research and Development in Comparative Law, 2(3), 397-424. doi: 10.22034/law.2019.239560 (in Persian)

Gabbari, Mansour & Hassan Nezhad, Majid. (2013). Comparative Study of Non-Contractual Exemptions of Air Carriers in International Regulations and Iranian Law. Private Law Research Quarterly, Vol. 2, No. 4. (in Persian)

The Hague Protocol (1955). Protocol to Amend the Warsaw Convention (1929). ICAO Doc. 1632.

Izanloo, Mohsen & Pak-Tinat, Hassan. (2012). Substantive and Procedural Study of Tort and Contractual Liability Towards Contracting Parties. Private Law Studies Quarterly, Vol. 42, No. 1. (in Persian)

Joneidi, Laya. (2002). Comparative Study of the Duty to Disclose Information with Emphasis on Common Law Systems. Journal of the Faculty of Law and Political Science (University of Tehran), No. 56. (in Persian)

Katouzian, Nasser. (1995). *Civil Law: Non-Contractual Obligations, Vol. 1*. University of Tehran, 1st ed. (in Persian)
Katouzian, Nasser. (2000). Specific Contracts, Vol. 2. Ganj-e Danesh Library. (in Persian)
Katouzian, Nasser. (2001). Civil Law: General Rules of Contracts, Vol. 3. Sahami Publications. (in Persian)
Katouzian, Nasser. (2002). Legal Events. Sahami Publications, 5th ed. (in Persian)
Katouzian, Nasser. (2005). General Rules of Contracts, Vol. 4. Mizan Publications. (in Persian)
Katouzian, Nasser. (2007). Non-Contractual Obligations. University of Tehran, 8th ed. (in Persian)

Larsen, Henrik. (2002). Regime of Liability in Private International Air Law: Focus on the Warsaw System and Montreal Convention (1999). RETTID.
Lourassa, Michel. (1996). Civil Liability (Translated by Mohammad Eshtari). Hoquqdan Publications, 1st ed.

Malcolm, Clarcke. (2010). Contract of Carriage by Air, 2nd Edition. London, Lloyd’s Law.
Midle, M. (2003). The Warsaw System of Liability in International Carriage by Air. Annals of Air and Space Law, Vol. 124.
Mohaghegh Damad, Seyed Mostafa. (1999). Jurisprudential Rules (Civil Section). Islamic Sciences Publications, 7th ed. (in Persian)
Mohammadi, Abolhassan. (1994). Jurisprudential Rules. Yalda Publications, 1st ed. (in Persian)
Moameri, Mohammad. (2017). Risk Reduction in Hazardous Materials Transport Under Special Conditions. Master’s Thesis. (in Persian)
Mousavi Khomeini, Ruhollah. (1989). *Tahrir al-Wasilah, Vol. 2*. Islamic Publications, 1st ed. (in Arabic)

Nagarajan, Uma. (2010). Aviation Liability: A Comparative Study of Warsaw and Montreal Conventions. Project Assignment – Aviation Law – IPGDLATM Academic.
Najafi, Sheikh Mohammad Hassan. (1984). *Jawahar al-Kalam, Vol. 43*. Islamic Printing House, 6th ed. (in Arabic)

Paulsson, Karin. (2009). Passenger Liability According to the Montreal Convention. Lund University, Thesis (30 Credits).
Rahbar, Nasser. (2014). Hazardous Material Accidents. (in Persian)
Rezaei, Reza. (2019). Jurisprudential and Legal Feasibility of Compensation for Damages Caused by Ownership of Dangerous Objects. Civil Jurisprudence Teachings, No. 20. (in Persian)

Sadat Hosseini, Seyed Hossein. (2005). The Basis of Liability of Road Cargo Carriers and Its Comparison with Iranian and English Law. Legal Research Journal of Shahid Beheshti University, No. 42. (in Persian)
Safaei, Seyed Hossein & Rahimi, Habibollah. (2012). *Civil Liability (Non-Contractual Obligations), Vol. 3*. SAMT Publications. (in Persian)
Sabzevari, Seyed Abdol-A’la. (1993). Muhadhab al-Ahkam. Ansar Institute, 4th ed. (in Arabic)
Shahid Thani, Zayn al-Din al-Juba’i al-Amili. (2014). *Encyclopedia of Shahid Thani (Marginalia on Al-Qawa’id), Vol. 15*. Research Center for Islamic Sciences and Culture. (in Arabic)
Shid, Babak. (2012). Civil Liability in Maritime Transport of Hazardous Materials. Comparative Legal Research Journal of Iran and International Law, No. 18. (in Persian)

Specht, Henrik. (1986). Passengeravart Ved International Lufttransport. Cited in Henrik Larsen.
Valaee, Isa. (1995). Explanatory Dictionary of Principles Terminology, Vol. 1. Ney Publications, 1st ed. (in Persian)