On 28 May 1999, ICAO successfully adopted a new Convention for the Unification of Certain Rules for International Carriage by Air, otherwise known as the Montreal Convention of 1999, which modernizes and consolidates the "Warsaw System". ICAO viewed the merger of several international instruments of private international air law into one legal instrument as a milestone in the history of international law making. However, the rules presented in the Montreal Convention represent principles not unique to the international airline community as they have been tested in the industry for nearly a decade. This thesis analyzes two such provisions, liability and jurisdiction. Chapter One presents the history of the "Warsaw System" and the individual and collective State and private air carrier actions which have given these two principles "face-lifts" throughout the years in order to update their antiquated and unjust effects. Additionally, Chapter One concludes with the drafting history of the Montreal Convention, specifically focusing on the liability and jurisdiction rules. Chapter Two analyzes the liability provisions and the effects that the new two-tier system with its strict liability up to $135,000 U.S. in the first tier and presumed fault---unlimited liability in the second tier will have on the States, carriers, and insurance premiums. Chapter Three explores the consequence of the inclusion of the fifth jurisdiction in the Montreal Convention, a concept which invoked much criticism, yet is not unique to most legal systems of the world. Chapter Three also examines the effects that the fifth jurisdiction coupled with the unlimited liability regime will have on States and carriers alike.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.30328 |
| Date | January 1999 |
| Creators | Serrao, Jacqueline Etil. |
| Contributors | Milde, Michael (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001740875, proquestno: MQ64304, Theses scanned by UMI/ProQuest. |
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