"Even if Malaysia Airlines Flight 370 is never found, the rights of the passengers on board will not remain a mystery," according to Robert Hedrick, an aviation accident attorney at Aviation Law Group.

If the aircraft or wreckage of 370 is never found, will the passenger's families be able to recover for their loss? If so, who will bear responsibility?

"The Montreal Convention is a multilateral treaty signed by more than 100 countries including the US. The Convention controls ticketed international travel involving signatory countries," Hedrick said. "Malaysia signed the Montreal Convention in 2008, and China signed in 2005.

"Passengers that are ticketed to travel between the two countries are therefore ordinarily subject to the Convention.

"The disappearance of an aircraft is an 'accident' under the Montreal Convention. Under ... the Convention, Malaysian Airlines is automatically (strictly) liable for damage sustained by passengers up to approximately $155,000.

"For amounts in excess of that, unless Malaysia Airlines can prove that the disappearance was not due to its negligence, or was solely the responsibility of a third party, it will face exposure for full damages to each passenger.

"With the missing aircraft, that burden will likely be impossible to meet," Hedrick said.

- Chen Jia in San Francisco