International Air Carrier Liability
INTERNATIONAL AIR CARRIER LIABILITY: The Montreal Convention of 1999
BY PAUL S. DEMPSEY
The Montreal Convention entered into force on 4 November 2003. Establishing new rules of airline liability for passengers and cargo in international aviation, it replaces the complex legal labyrinth that evolved after the Warsaw Convention was promulgated in 1929. Today, the Montreal Convention is in force for the major aviation nations of the world, including the United States, Canada, Mexico, China, Japan, and the members of the European Union. More than 60 states have ratified the new Convention.
This book is the first treatise to address the Montreal Convention of 1999. It is a comprehensive analytical guide to the new Convention, addressing air carrier passenger and cargo liability in international aviation, with informative cross-references to the history of its provisions, similarities and differences to the “Warsaw System,” and the leading jurisprudence that has interpreted and applied the different provisions.
The book begins with an explanation the evolution of the liability regime from the Warsaw Convention through its several iterations, including the Hague Protocol (1955), the Guadalajara Convention (1961), the Guatemala City Protocol (1971), and the four Montreal Protocols (1975). It also examines the various intercarrier agreements and national regulations, including the Montreal Agreement (1966), the Malta Agreement (1974), the Italian Constitutional Court decision and Law No. 274 (1988), the Japanese Initiative (1992), the IATA Intercarrier Agreements (1995-96), and European Union Regulation 2027/97. The book then examines the travaux preparatoires (legislative history) of the Montreal Convention of 1999, and the various Canons of Construction that courts have used to interpret aviation liability conventions.
Each Chapter that follows corresponds to the Chapters of the Montreal Convention of 1999. They begin with a textual analysis of the language, comparing and contrasting the literal language with that which preceded it in the various iterations of the Warsaw System of liability. Then, to the extent courts of various nations have commented on or interpreted such language, each Chapter proceeds to discuss and critically analyze those interpretations.
In addition to the full text of the Montreal Convention of 1999, the appendices of the book set forth the full text and list of ratifying nations of the various Warsaw System Conventions and Protocols, as well as relevant intercarrier agreements and EU regulations.
The book is a valuable resource of information for plaintiff and defense lawyers, insurers, and airlines attempting to understand what was contemplated by the new Convention, and the circumstances under which air carriers are liable for death, injury, or delay to passengers, or damage, destruction or delay to air freight.
Published by: Centre for Research in Air & Space Law, McGill University
For more information, visit: http://www.mcgill.ca/iasl/publications