Hostname: page-component-7479d7b7d-qlrfm Total loading time: 0 Render date: 2024-07-12T15:34:30.015Z Has data issue: false hasContentIssue false

Fothergill v. Monarch Airlines Ltd.

England.  31 July 1979 ; 10 July 1980 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

lntemational law in general — Relation to municipal law — Municipal principles of statutory interpretation — Whether applicable to statute incorporating intemational convention into municipal law — Admissibility of travaux préparatoires as interpretative aid — Confirmation of practice by Vienna Convention on the Law of Treaties — Whether principles of interpretation laid down therein are binding on English courts — Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air, 1929, as amended by the Hague Protocol, 1955 — Carriage by Air Act 1961 — Whether permissible to have recourse to minutes of drafting committees of Hague Protocol in interpreting word “damage” contained therei — The law of England

Treaties — Interpretation of — Principles and rules of interpretation — Municipal law giving effect to treaty — Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air, 1929, as amended by the Hague Protocol, 1955 — Carriage by Air Act 1961 — Article 26(2) of the Convention — Requirement that carrier be notified within seven days of “damage” to baggage — Whether time limit applicable in the event of partial loss of contents of baggage — Meaning of “damage” — Municipal principles of statutory interpretation — Purposive interpretation — Aim of uniformity in application of international agreement representing a consensus of States with diverse legal systems — Achievement of commercial purpose and harmonization of municipal laws of State parties — Bilingual text — French language version to prevail over English — Correct mode of interpreting foreign language text — Use of dictionaries, interpreters and legal experts — Admissibility of commentaries and foreign case law as interpretative aids — Whether practice of other national and international courts in relation to reliance on travaux préparatoires should be followed — Vienna Convention on the Law of Treaties, 1969 — Conditions under which discretion to use travaux préparatoires should be exercised — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1987

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)