ABSTRACT
The air Conventions do not purport to deal with all matters relating to contracts of international carriage by air but are exclusive on what they do cover.6 In Sidhu7 Lord Hope, with whom all other members of the House of Lords concurred, said (of WSC) that it ‘‘is clear from the content and structure of the Convention that it is a partial harmonisation only of the rules relating to international carriage by air’’. However, he continued: ‘‘I do not find in that phrase an indication that, in regard to the issues with which the Convention does purport to deal, its provisions were intended to be other than comprehensive.’’8 He referred to some of its main provisions and concluded that the ‘‘idea that an action of damages may be brought by a passenger against the carrier outside the Convention in the cases covered by article 17 . . . seems to be entirely contrary to the system which these two articles were designed to create’’.9 The same might well be said today of MC.
