Article 22 of the Warsaw Convention, 1929 limits the liability of the air carrier in the event of death or wounding of a passenger to 125,000 Francs-Poincare based on a defined gold value. In 1955, the limitation has been raised to 250,000 Francs-Poincare. / As gold has lost its special position in the monetary system the value of the limitation of liability has decreased and some plaintiffs have argued that the limitation of liability is unconstitutional. / The Warsaw System is presented, the grounds for a limitation of liability, and Article 22 are analyzed. The relationship between municipal law and international law is described. The constitutionality of Article 22 is examined for the jurisdictions of Italy, the Federal Republic of Germany and the United States of America. Those lines of argumentation that could be used to challenge Article 22 in all constitutional systems similar to those of the abovementioned States are presented.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.59931 |
| Date | January 1990 |
| Creators | Hirt, Michael |
| 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: 001213941, proquestno: AAIMM67498, Theses scanned by UMI/ProQuest. |
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