Article 17 in the Warsaw Convention 1929, the core provision to all liability for passenger injury and death, has been the most litigated Article of the Warsaw Convention. The main reason for this is that the Warsaw Convention, the axis of private international air law, unfortunately did not provide clear definitions regarding "accident" and "bodily injury" in the Article 17. Its amendments, the Hague Protocol 1955 and the Guatemala Protocol 1971, did not succeed in clarifying the meanings. Although the Montreal Conference 1999 witnessed strong debates regarding the amendment of Article 17, the Montreal Convention 1999 did not succeed in changing Article 17. Since the Warsaw System did not provide definitions of "accident" and "bodily injury", each State has interpreted the two terms individually. Inconsistency in interpreting "accident" and "bodily injury" has emerged, since every State has a different jurisprudence. This phenomenon has created confusion in the international air transport community. In order to clear up the confusion, the International Civil Aviation Organization should amend Article 17 to specify and clarify the terms: "accident" and "bodily injury", while balancing the interests of all parties in the international air transport community.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.99143 |
| Date | January 2005 |
| Creators | Lee, Jae Woon, 1979- |
| 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 | © Jae Woon Lee, 2005 |
| Relation | alephsysno: 002494537, proquestno: AAIMR25045, Theses scanned by UMI/ProQuest. |
Page generated in 0.0019 seconds