Warsaw Convention Research Articles

The price of gold and the Warsaw Convention

The price of gold and the Warsaw Convention

Art. 18. Warsaw Convention, Begin of carriage by air

Art. 18. Warsaw Convention, Begin of carriage by air

The Price of Gold and the Warsaw Convention

The Price of Gold and the Warsaw Convention

Future Independence of the Netherlands Antilles and the Warsaw Convention

In the wake of the “decade” of decolonization – roughly the fifties and early sixties of this century – from time to time the world still faces the legal and political problems which result from the process of political emancipation of hitherto non-self-governing territories.

United States: Court of Appeals for the Second Circuit Decision in Reed V. Wiser and Neuman (Warsaw Convention Liability Limitations; Airline Employee Use of Limitations as Defense)

Ruth Ann Reed, As Administratrix of the Estate of Dan "William Reed, deceased, and as Parent, natural guardian, and best friend of Cynthia Ann Eeed, Decora Lynn Eeed and Julie Marie Eeed, all infants, et al.,

Warsaw Convention survives another assault

Warsaw Convention survives another assault

Compensable damages under Article 17 of the Warsaw Convention

Compensable damages under Article 17 of the Warsaw Convention

The Warsaw Convention in Recent United States Case Law

The Warsaw Convention in Recent United States Case Law

The Warsaw Convention and the ''Two-Tier” Gold Market

The Warsaw Convention and the ''Two-Tier” Gold Market

Warsaw Convention: The 1971 Protocol of Guatemala City

The Warsaw Convention (1929) was amended for the first time by the Protocol signed at The Hague on September 28, 1955.1 The latter increased the limit of liability of international air carriers by 100 percent to $16,600 (250,000 francs Poincare), modified the articles relating to the notice to be inserted in the ticket and the baggage check, and redefined the acts of willful misconduct which prevent the carrier from invoking the limitation of liability. The U.S. signed The Hague Protocol, which came into force on August 2, 1963, but never ratified it because it considered the new liability limit too low.2 Instead, the U.S. on November 15, 1966 gave notice of denunciation3 of the Warsaw Convention, effective from May 15, 1966. This, in turn, led to the so-called Montreal Agreement and later to the famous Order of the U.S. Civil Aeronautics Board implementing an interim whereby passengers on participating carriers going to, from, or stopping in, the U.S. are subject to a limit of liability of $58,000 (or $75,000 inclusive of legal fees) regardless of fault on the part of the air carrier. This arrangement was generally assumed to be an emergency measure, pending formal amendment of the Warsaw Convention. The U.S. agreed to withdraw their denunciation of the convention, but pressed for an even higher liability limit in case of death or personal injury, first of $100,000 and finally in the order of $200,000 to $300,000. After a series of unsuccessful meetings held under the auspices of the International Civil Aviation Organization,5 the Legal Committee of ICAO at its session in 1970 produced draft amendments which became the basis for the Diplomatic Conference held at Guatemala City March 3-17, 1971.

International Civil Aviation Organization: Protocol Revising Warsaw Convention Rules on Air Carrier Liability to Passengers

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.

A European View

I am to argue in favour of strict liability as against the carrier and to oppose the limitation of damages, arguments which I advance with some satisfaction since I happen also to believe them.Strict liability is a doctrine more usually associated with the law of tort than the law of contract but as an injury resulting from an air crash is both contractual and tortious (and it even seems at one time to have been decided in America that the Warsaw Convention had itself created a cause of action), even if it be inelegant from a lawyer's point of view, I shall make no distinction between them. There are enough distinctions to be made on this topic without insisting on the lawyer's habit of mind.

Kelley v. Société Anonyme Belge d'Exploitation de la Navigation Aérienne

Treaties — Conclusion and operation of — Effect of municipal legislation — Warsaw Convention on International Air Transport, 1929 — Effect of Belgian Law passed prior to Belgium's ratification of Convention — Competence of United States court to determine ratification of treaty by foreign Head of State — The law of the United States of America.Treaties — Conclusion and operation of — Ratification — Treaty's procedure for establishing ratification determinative — Effect of foreign municipal legislation inconsistent with treaty provisions on ratification of treaty — Warsaw Convention on International Air Transport, 1929 — The law of the United States of America.

The Warsaw Convention

The Warsaw Convention

Samuel Montagu & Co., Ltd. v. Swiss Air Transport Co., Ltd.

State territory — Sovereignty over the air — Carriage by air Warsaw Convention of 1929 regarding international air transport — Air consignment note — Limitation of liability in — Carriage by Air Act, 1932 — The law of England.Treaties — Interpretation of — Principles and rules of interpretation — Incorporation of rules of Warsaw Convention regarding International Air Transport, 1929 — Limitation of liability in air consignment note — International carriage — Carriage by Air Act, 1932 — the law of England.

Notes on the Proposed Revision of Article 17 of the Warsaw Convention

Notes on the Proposed Revision of Article 17 of the Warsaw Convention

The Guatemala City Protocol to Amend the Warsaw Convention

The International Conference on Air Law, convened under the auspices of the International Civil Aviation Organization, met in Guatemala City from February 9 to March 8, 1971, and adopted a Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on October 12, 1929, as Amended by the Protocol Done at The Hague on September 28, 1955. The Protocol greatly revised the legal rules governing the international carriage by air of passengers and baggage.

The Revision of the Warsaw Convention

At its seventeenth session held in February-March 1970, the Legal Committee of the International Civil Aviation Organization (ICAO) adopted the final text of new draft rules governing the liability of the air carrier in respect of the international carriage of passengers by air. Since 1965, ICAO has been working on the preparation of these draft rules which, when ultimately adopted by a diplomatic conference, signed and ratified, will constitute a farreaching revision of the provisions of the widely accepted Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw 1929) as amended by the Hague Protocol of 1955. In previous notes in thisYearbookthe writer summarized discussions on the Warsaw rules in the international aviation community from late 1965, when the United States of America filed its notification of denunciation of the Warsaw Convention, until early 1968, when the ICAO Council decided to hand over the task of revision to the ICAO Legal Committee. The latter body having finished its work on revision early in March 1970, the ICAO Council lost no time in convening a diplomatic conference for February-March 1971. This conference will have the task of preparing and adopting the definitive instrument revising the Warsaw Convention as amended by the Hague Protocol.

Strict Liability, Unbreakable Limits and the Warsaw Convention

Strict Liability, Unbreakable Limits and the Warsaw Convention

Corocraft Limited and Another v. Pan American Airways, Inc.

Treaties — Operation of — Warsaw Convention relating to International Carriage by Air, 1929 (Article 22) — Interpretation of municipal legislation giving effect to Convention — Discrepancy between official text of Convention and English translation — Carriage by Air Act, 1932 — Whether limitation of liability of carrier excluded by lack of particulars in air consignment note — The law of England.