Why does the 1952 Rome Convention generally exempt normal overflight from compensation claims?

The 1952 Rome Convention on Surface Damage establishes the principle of absolute liability for aircraft operators regarding damage caused to third parties on the ground. However, it explicitly excludes the right to compensation if the damage results solely from the passage of an aircraft through the airspace in compliance with existing air traffic regulations.1

This exemption is intended to protect the fundamental right of aviation to utilize the airspace for transit. By stipulating that mere passage in conformity with regulations does not trigger liability, the convention balances the protection of surface property owners with the necessity of maintaining international air navigation, ensuring that operators are not held liable for the inherent, non-negligent presence of an aircraft in flight.1