In order to receive full compensation for damage caused during air transportation, plaintiffs try to get around the liability limitations of the Warsaw regime, inter alia, by alleging willful misconduct on the part of the carrier or its agents and servants under Article 25 of the Warsaw and Hague Conventions. On their part, carriers have an interest in limiting their potential liability under the said regime, and in avoiding any possibility of breaking the stipulated monetary limitation. Consequently, the said provisions are litigated frequently without, however, bringing uniform results in different jurisdictions of the world. / This thesis makes a study of the application and interpretation of the willful misconduct exception (Article 25) of the original Warsaw Convention as well as its subsequent amendments. The study reviews the treatment accorded to the relevant provisions in different common and civil law jurisdictions. Further, the problem is examined from the point of view of Muhammadan Islamic jurisprudence. This paper also traces the legislative history of the relevant provisions of the original treaty and its subsequent amendments. / The final chapter of the thesis assesses the possibility of a "new" consolidated regime for international air carriage and concludes that at present Montreal Protocols Nos. 3 and 4 may be allowed to work.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.59273 |
| Date | January 1990 |
| Creators | Khan, Asmatullah |
| 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: 001233194, proquestno: AAIMM63472, Theses scanned by UMI/ProQuest. |
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