The Warsaw Convention represents the unification of important rules concerning private international carriage by air. The international community has agreed on those rules, ever since the appearance of the Warsaw Convention in 1929. Today, it would be chaotic for the air transport industry to operate without such a legal framework. In fact, the Warsaw instruments have been the pillars of harmonized international air transportation. However, the Warsaw System now faces a crisis, due to the fact that participants in the air transport industry consider the Warsaw Convention liability regime obsolete, inadequate and outdated. Both governments and air carriers have reacted against this obstacle by adopting unilateral actions in order to update the liability limits. Some of these unilateral actions have substantially increased the limits of liability; others have even considered their disappearance. In particular, IATA has recently adopted two agreements in which air carriers voluntarily waive the Warsaw Convention limits. At the same time, ICAO has presented for the approval of its Legal Committee, a draft text to modernize the Warsaw System. The intention of this proposal is to replace the Warsaw Convention with a new instrument that would modernize and harmonize the liability regime and other matters.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.20547 |
| Date | January 1997 |
| Creators | Vasquez Marazzani, Claudia. |
| Contributors | Milde, M. (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: 001609907, proquestno: MQ44077, Theses scanned by UMI/ProQuest. |
Page generated in 0.0021 seconds