ABSTRACT

This chapter observes the international legal regime for carriage by air stipulated in the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), which is the primary air treaty governing international aviation. The chapter observes the Montreal Convention through its provisions and the case law, and specifically observes recent air tragedies that have given rise to important legal issues. The Warsaw liability system eventually became a hodgepodge of different laws in the form of the Hague Protocol, the Guadalajara Conventions and other international instruments. When the Convention for the Unification of Certain Rules Relating to International Carriage by Air – or simply and more commonly called the Warsaw Convention after the city where it was opened for signature represents a framework for a unified system to determine both liability and the assessment of damages. The aim of the Warsaw system is to restrict the ability of passengers to make claims for compensation.