ABSTRACT
The law relating to the international carriage by air of cargo, passengers and luggage is to be found in two distinct sources: Montreal Convention 1999; and a network of legal instruments commonly known as the Warsaw system. The Warsaw Convention, a product of a specialist committee established by the Conference Internationale de Droit Prive Aerien, was given effect in English law by the Carriage of Air Act 1932. Low limits of liability for death of passenger and the difficulty of interpreting the phrase 'wilful misconduct' in the Warsaw Convention 1929 led to the drafting of the Hague Protocol. The Guatemala Protocol introduces major amendments to carrier liability and documentation in respect of carriage of passengers and their baggage. The document used in carriage of cargo under the amended Warsaw Convention is called an air waybill. The consignor and the consignee have a right of action against the carrier under the amended and unamended versions of the Warsaw Convention.
