The Continuing Development of Montreal Convention 1999 Jurisprudence

Abstract

The Montreal Convention 1999 (MC99) replaces the 1929 Warsaw Convention (WC29). MC99 was adopted on 28 May 1999 and came into force on 4 November 2003 with the deposit of the thirtieth instrument of ratification by the United States on 5 September 2003. There are, as of 12 November 2010, nine-seven State Parties to MC99. The drafters of MC99 were vigilant in not changing the substantive wording of the principle liability rules of WC29, so as to preserve the validity of the seventy-five years of WC29 legal precedents for courts when applying the comparable liability rules of MC99. Since MC99 came into force, the courts interpreting and applying the MC99 liability rules have been ever cognizant of this intent of the drafters of MC99. This is the third article summarizing MC99 court decisions for the benefit of the readers of A&SL and this summary will appear each year as court decisions are rendered in the States Party to MC99 applying the MC99 liability rules.