Challenges and Developments in the Liability of Air Cargo Transport Agents in the Light of Iranian Law and International Conventions

Abstract

Air cargo transportation, as one of the fundamental pillars of international trade, plays a decisive role in the speed, security, and efficiency of global exchanges. In this regard, air transport agents occupy a special position; as intermediaries between carriers and cargo owners, they assume significant responsibilities in issuing transport documents, drafting contracts, and coordinating the movement process. The legal liability of these agents, from various perspectives, has been a subject of debate both within the Iranian legal system and under international conventions such as the Warsaw and Montreal Conventions. Studies indicate that, in Iranian law, the position of the air cargo transport agent has not been precisely and coherently defined, which has led to challenges in determining the scope of their liability. In contrast, international conventions have sought, by providing uniform rules, to establish a balance between protecting the interests of cargo owners and limiting the liability of carriers and agents. Nevertheless, recent developments—such as the digitalization of transport documents, the expansion of multimodal transport, and the shift from fault-based liability to strict liability—have added new dimensions to this field, which Iranian domestic laws have not yet fully aligned with. This article, adopting a comparative approach, analyzes the challenges and developments of air cargo transport agents’ liability in the light of Iranian law and international conventions, and finally offers suggestions for reform and for harmonizing the Iranian legal system with international standards.