January 16, 2025

Trump 2.0: Will This Administration Ratify Montreal Protocol 2014?

Holland & Knight Transportation Blog
Judy R. Nemsick
20 Blog Posts in 20 Days Leading to Inauguration Day

In January 2017, Holland & Knight wrote about whether the first Trump Administration would sign and ratify the Protocol to Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft, known as Montreal Protocol 2014.1 At the time, 30 countries had signed the treaty, with only eight ratifications and accessions.2 On Jan. 1, 2020, Montreal Protocol 2014 finally went into force. To date, 52 countries are parties to the treaty. The U.S., notably, is not.

Montreal Protocol 2014 makes several key improvements to the Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention, adopted in 1963). The treaty is intended to strengthen an airline's position when addressing unruly passengers. Specifically, under Montreal Protocol 2014, the unruly passenger may be tried not only in the jurisdiction of the state of aircraft registration, but also the states in which the operator is located and at the destination of the flight (including a state to which a flight may be diverted). This will greatly facilitate the prosecution of unruly passengers upon disembarkation.

The treaty also clarifies what constitutes unruly behavior by simply requiring reasonable grounds to believe that a serious offense has been committed. Such offenses include physical assault, or the threat thereof, and failure to follow crew instructions. Importantly, Montreal Protocol 2014 expressly recognizes an airline's right to seek compensation for expenses caused by unruly behavior.

In April 2024, the International Civil Aviation Organization (ICAO) issued an urgent call to its member states to ratify Montreal Protocol 2014 in response to a "global spike" in incidents of unruly passenger behavior on international flights being reported by regulators and airlines.3 The Federal Aviation Administration (FAA) also noted a rise in unruly passenger incidents during summer travel last year.4

The apparent reluctance of the U.S. to ratify the treaty may be due in part to concern that the treaty restricts the ability of in-flight security officers, such as federal air marshals, to take action wherever the aircraft lands. Montreal Protocol 2014 provides that ratifying countries aren't required to allow in-flight security officers from other countries to operate in their territories. Additionally, where bilateral or multilateral agreements among parties allow for the deployment of in-flight security, the treaty permits an officer to initiate preventive measures only when there are grounds to believe that doing so is "immediately necessary" to protect the safety of passengers or the aircraft.

Because of these limitations, it's unclear whether the new Trump Administration will consider ratifying the treaty, particularly if perceived as undermining U.S. interests and powers.

20 Posts in 20 Days Leading to Inauguration Day on Jan. 20

Holland & Knight's Transportation & Infrastructure Industry Sector Group is prepared to assist industry clients in adapting to the anticipated changes by the new administration. Our team is writing new blog posts each day leading up to President-Elect Donald J. Trump's inauguration, with insights regarding likely impacts on the various segments of the industry, including aviation, construction, maritime, freight rail, motor carriers, transit and autonomous transportation. Bookmark our Election Impacts on Transportation & Infrastructure resource page to follow along.

Notes

1 "Trump Administration Could Ratify Montreal Protocol 2014 Addressing Unruly Airline Passengers," Holland & Knight Alert, Jan. 20, 2017.

2 To take effect, the treaty required ratifications, accessions, acceptances or approvals from 22 nations.

3 ICAO: "ICAO urges States to accelerate ratification of international unruly air passenger treaty" (April 4, 2024).

4 FAA: "Unruly Passenger Cases Continue to Rise as Summer Travel Begins" (June 12, 2024).

Related Insights