Abstract
This Chapter seeks to examine the scheme of liability for damage to cargo during carriage by air as established by the Warsaw System mainly comprising the 1929 International Convention for the Unification of Certain Rules Relating to International Carriage by Air (the Warsaw Convention) and the Hague Protocol of 1955 Amending the Warsaw Convention (Hague Protocol); the 1999 Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention). In discussing the key provisions of these international instruments, the emphasis is placed on the liability of the carrier for damage to cargo. The chapter first explains certain key terms used in the context and then proceeds to examine the liability schemes established by the Warsaw System of treaties and the Montreal Convention.
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Notes
- 1.
Warsaw Convention as amended by the Hague protocol of 1955, Article 15(3). However, an air way bill is not negotiable in true sense of the term.
- 2.
Protocol to Amend the Convention for the Unification of certain Rules relating to International Carriage by Air, in force 1963.
- 3.
The Guatemala City Convention was later metamorphosed into the Montreal Additional Protocol No 3 (MAP3). Not yet in force.
- 4.
See Montreal Convention, Article 23.
- 5.
See Carr (2014), p. 310.
- 6.
Warsaw Convention as amended, Article 1(1).
- 7.
Cheng (2004), p. 833.
- 8.
Warsaw Convention as amended, Article 1(1).
- 9.
Cheng (2004), p. 834.
- 10.
- 11.
Under the original version of the law as established by the Warsaw Convention, we find a similar definition of carriage. According to the Convention, a carriage was international if that begins and ends in territories of two states parties or in which the points of departure and destination are situated in the territory of one signatory and a stop is scheduled in another state, whether or not the latter is also a party to the Convention. Warsaw Convention, 1(2).
- 12.
See also Swiss Bank Corp v Brink’s Mat [1986] 2 Lloyd’s Rep 79.
- 13.
[1984] 1 WLR 198.
- 14.
Cheng (2004), p. 844.
- 15.
Cheng (2004), p. 845.
- 16.
See Carr (2014), pp. 331–32.
- 17.
See Article 24.
- 18.
See Cheng, p. 848.
References
Carr, Indira. (2014). International trade law. London: Routledge.
Cheng. (2004). A new era in the law of international carriage by air: From Warsaw (1929) to Montreal (1999). International Comparative Law Quarterly, 53(4), 833–59.
Chuah, J. C. T. (2009). Law of international trade: Cross-border commercial trade transactions (p. 2011). London: Sweet & Maxwell, South Asian Edition.
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Srivastava, A. (2020). Carriage of Goods by Air. In: Modern Law of International Trade. International Law and the Global South. Springer, Singapore. https://doi.org/10.1007/978-981-15-5475-9_11
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DOI: https://doi.org/10.1007/978-981-15-5475-9_11
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