ABSTRACT

A new legal regime will be reached only if States themselves revisit the Warsaw system and formally revise it or replace it with a totally new instrument. Any management system which is charged with introducing and implementing measures must attempt to restore as much as possible the status quo ante and introduce clear rules on the jurisdiction of courts of law. The features of management can only be achieved by regulatory measures. These in turn would have to be introduced by the international community through the auspices of International Civil Aviation Organization, which is the only international body charged with responsibility for regulating matters of global civil aviation. In 1929, the Warsaw Conference – which was the precursor to the Warsaw Convention – in a brilliant show of liability management, veered from established legal concepts of tort law to place a presumption of liability on the carrier.