International treaties governing to compensation of third parties for aircraft operation, including the Montreal protocol of 1978 and the Montreal conventions of 2009 has not identified any responsibility for the aircraft operator in relation nuclear damages occurring during the carriage of aircraft and referred it to the Paris treaty 1960 and Vienna convention 1963. The question raised by examining of these documents is that who is responsible for compensation of nuclear damage during air transport? In this paper we first study obstacles created in international sources of aviation responsibility governing airspace and then analyze the reason of these exceptional rules. The result of this article is that with the accession of Iran to the Vienna convention, the operator of installation will be solely responsible for the compensation of damage created during air transportation, but this will not preclude the primary or even ultimate responsibility of aircraft operator.