Ridha Aditya Nugraha

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Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share arrangements could be seen as the perfect implementation of an airline alliance. Alliances are more flexible than cross-border mergers and takeovers due to national restrictions, making it legally viable and thus a preference. However, code-share arrangements have further legal implications that have led into classification of carriers and ended up a liability issue. There are several applicable conventions and protocols dealing with liabilities to protect airline passengers which is known as the Warsaw-Montreal regime. Anti-competition and consumer protection issues are the other main issues. This article shall analyze the legal issues surrounding the tragic code-shared Flight MH17 incident; also mentioning the few Indonesian passengers’ relatives’ rights. Compensation issues in the recent case shall be discussed. Finally, insights of legal risks from conducting code-share arrangements for the rapidly growing Indonesian, and also other ASEAN member states’, airlines are also given.


airline alliance; code-share arrangements; liability; compensation; consumer protection



Legal Documents

Australlia. Air Transport Agreement between the Government of Australia and the Government of the People’s Republic of China relating to Air Services (2004).

European Union. Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast). OJ L 293/3.

Indonesia. Air Transport Agreement between the Government of Australia and the Government of the Government of the Republic of Indonesia relating to Air Services (2013).

Indonesia. Peraturan Menteri Perhubungan tentang Tanggung Jawab Pengangkut Angkutan Udara (Minister of Transportation Regulation regarding Airline Responsibility). Permenhub No. 77 Tahun 2011, BNRI No. 486 Tahun 2011 (Minister Regulation No. 77 Year 2011, SG No. 486 Year 2011).

International Conventions and Treaties

Additional Protocol Nos. 1, 2, 3, and 4 to Amend Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955. Montreal, 25 September 1975.

Convention for the Unification of Certain Rules for International Carriage by Air. Montreal, 28 May 1999. United Nations Treaty Series. Vol 2242. No. 33917.

Convention for the Unification of Certain Rules Relating to International Carriage by Air. Warsaw, 12 October 1929.

Convention on International Civil Aviation. Chicago, 7 December 1944.

Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier. Guadalajara, 18 September 1961.

Protocol to Amend the Convention for the Unification to Certain Rules Relating to International Carriage by Air. The Hague, 28 September 1955.


Air France v. Saks (1985) United States Supreme Court, 470 U.S. 392.

Chutter v. KLM Royal Dutch Airlines & Allied Aviation Services International Corporation (1955) United States District Court, Southern District of New York.

Viktoriya Shirbokova v. CSA Czech Airlines, Inc. (2004) United States District Court District of Minnesota, Civil File No. 04-641.


Forsyth, Peter (eds.). Liberalization in Aviation: Competition, Cooperation and Public Policy. Farnham: Ashgate Publishing Limited, 2013.

Dempsey, Paul Stephen. European Aviation Law. The Hague: Kluwer Law International, 2004.

Diederiks-Verschoor, I.H.Ph. An Introduction to Air Law. Deventer: Kluwer Law and Taxation Publishers, 1991.

Wassenbergh, H. Principles and Practices in Air Transport Regulation. Paris: Les Presses IATA, 1993.


Ruwantissa Abeyratne. “ASEAN Single Aviation Market and Indonesia - Can It Keep Up with the Giants?.” Indonesia Law Review Vol. IV No. 2 (2014): 169. doi:

Brueckner, Jan K. and Eric Pels. “European Airline Mergers, Alliance Consolidation, and Consumer Welfare.” Journal of Air Transport Management Vol. XI (2005): 38-39. doi:

Chia-Jui Hsu and Yu-Chun Chang. “The Influences of Airline Ownership Rules on Aviation Policies and Carriers Strategies.” Proceedings of the Eastern Asia Society for Transportation Studies Vol. V (2005): 558-560.

Chiavarelli, Emilia. “Code-sharing: An Approach to the Open Skies Concept?.” Annals of Air and Space Law Vol. XX Issue I (1995): 198, 203.

Günther, Klaus. “Legal Implications of Code-Sharing Services - A German Perspective.” Air & Space Law Vol. XXII No. 1 (1997): 9.

Haanappel, Peter P.C. “Airline Challenges: Mergers, Take-Overs, Alliances and Franchises.” Annals of Air and Space Law Vol. XX Issue I (1995): 180.

Harris, H.S. and E. Kirban. “Antitrust Implications of International Code-sharing Alliances.” Air & Space Law Vol. XXIII (1998): 174.

Li, Michael Z.F. “Distinct Features of Lasting and non-Lasting Airline Alliances.” Journal of Air Transport Management Vol. VI (2000): 66. doi:

Milde, Michael. “The Warsaw System of Liability in International Carriage by Air: History, Merits and Flaws and the New “non-Warsaw” Convention of 28 May 1999.” Annals of Air and Space Law Vol. XXIV (1999): 158, 161.

Nugraha, Ridha Aditya. “Today’s Cabis Size Baggage: What’s in a Name.” The Aviation and Space Journal Vol. XV No. 1 (2016): 18.

Nugraha, Ridha Aditya and Lalin Kovudhikulrungsri. “Aviation Legal Issues in Indonesia and Thailand: Towards Better Passengers’ Rights in ASEAN.” Indonesia Law Review Vol. VII No. 1 (2017): 40. doi:

Tiwari, Sivakant and Warren B. Chik. “Legal Implications of Airline Cooperation: Some Legal Issues and Consequences Arising from the Rise of Airline Strategic Alliances and Integration in the International Dimensions.” Singapore Academy of Law Journal Vol. XIII No. 2 (2001): 297.

Wang, Stephen W. “Do Global Airline Alliances Influence the Passenger’s Purchase Decision?.” Journal of Air Transport Management Vol. XXXVII (2004): 54. doi:

Youssef, Waleed and Mark Hansen. “Consequences of Strategic Alliances between International Airlines: The Case of Swissair and SAS.” Journal of Transportation Research Part A Vol. XXVIII (1994): 416. doi:

Dissertation and Thesis

Kazemi, Hamid. “Carrier’s Liability in Air Transport with Particular Reference to Iran.” Dissertation at the International Institute of Air and Space Law, Universiteit Leiden (2012).

Reerink, M.L. “Code-Sharing and Airlines’ Liability.” LL.M. thesis in Universiteit Leiden (1996).


Barlass, Tim. “Malaysia Airlines MH17 Class Action Filed Ahead of Sunday’s Anniversary Deadline.” Accessed 19 January 2018.

Bhaskara, Vinay. “The Global Airline Alliances Are Outdated.” Accessed 18 January 2018.

Carty, Sarah. "Australian Family of MH17 Victim Says Malaysia Airlines is Demanding Tax Returns, Payslips, and Other Documents before It Will Pay Compensation.” Accessed 18 January 2018.

Hodgkinson, David. “The Loss of Flight MH17: How Much Compensation - and Who Pays?.” Accessed 19 January 2018.

KLM. “Statement about Malaysia Airlines MH17.” Accesed 18 January 2018.

Middleton, Rachel. “MH17: Malaysia Airlines’ Compensation Offers to Victims’ Families ‘Almost Offensive’ Says Lawyer.” Accessed 19 January 2018.

U.S. Department of Transportation. “Code Sharing.” Accessed on 16 January 2018.

Wallace, Gregory, Michael Tarson and Charles Riley. “Malaysia Airlines’ $5,000 Payment is Just the Beginning.” Accessed 18 January 2018.

“Code-Sharing Agreements in Scheduled Passenger Air Transport.” Accessed 18 January 2018.

“Current Status on Malaysia Airlines’ Flight Routes to Europe.” Accessed 19 January 2018.

“Five Australian Families of MH17 Victims File ECHR Lawsuit Against Russia.” Accessed 19 January 2018.

“Malaysia Airlines MH17 Class Action.” Accessed 19 January 2018.

“Malaysia Airlines Strikes Compensation Deal with Families after Flight MH17 Shot Down.” Accessed 19 January 2018.

“MH17: MAS Ready to Provide Financial Assistance to Families or Passengers.” Accessed 19 January 2018.

“MH17 Aussie Passenger’s Son Sues MAS, Claims Compensation Didn’t Follow Convention.” Accessed 19 January 2018.

“MH17 Families Rearing to Take Legal Action to Get Compensation on Second Anniversary.” Accessed 19 January 2018.

“MH17 Ukraine Plane Crash: What We Know.” Accessed 18 January 2018.

“No Legal Proof of Russia’s Responsibility in MH17 Plane Crash.” Accessed 19 January 2018.

“Obama, MH17 Disaster ‘an Outrage of Unspeakable Proportions’ - as It Happened.” Accessed 19 January 2018.

“Statement about Malaysia Airlines MH17.” Accessed 18 January 2018.


de Hoon, Marieke (eds.). Legal Remedies for Downing Flight MH17. Public International Law & Policy Group and VU Amsterdam White Paper.

de Leon, P.M.J. Mendes (ed.). Sylabus Private Air Law 2014-2015. Leiden: International Institute of Air and Space Law, Universiteit Leiden (2014).

Dutch Safety Board. Preliminary Report Crash Involving Malaysia Airlines Boeing 777-200 Flight MH17 (September 2014).

International Civil Aviation Organization. Document Ref. LE3/38.1-09/87 regarding revisions of limits of liability under the Montreal Convention of 1999 - notification of effective date of revised limits (November 2009).

ISSN: 2356-2129