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Warsaw Convention (Convention for the Unification of Certain Rules Relating to International Carriage By Air): Montreal Protocols 3 And 4 Providing Higher Liability Limits*

Published online by Cambridge University Press:  04 April 2017

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Abstract

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Type
Treaties and Agreements
Information
International Legal Materials , Volume 22 , Issue 1 , January 1983 , pp. 13 - 36
Copyright
Copyright © American Society of International Law 1983

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Footnotes

*

[Reproduced from U.S. Congress, Senate (98th Congress, 1st Session),Executive Report No. 98-1, pp. 1-49.

[Two U.S. Court decisions concerning liability limits under the Warsaw Convention are reproduced in this issue: the decision in Deere v. Lufthansa at page 82 and the decision in Franklin Mint v. Trans World Airlines at page 92.

[In the Montreal Protocols, Special Drawing Rights of the Interna tional Monetary Fund are introduced into the Warsaw Convention as a monetary unit in which limits are expressed. A checklist of other treaties in which the SDR has become a monetary unit appears at I.L.M. page 209.]

References

1 Material in brackets [ ] has been added for editorial purposes in a few places to assist in understanding the text. Lined-through language (the) would not be applicable to the United States but is found in articles containing provisions that would be applicable to the United States. Margin notes give the source of the provision (W—Warsaw Convention: H=Hague Protocol; G=Guatemala City Protocol; M3=Montreal Protocol 3;M4=Montreal Protocol 4).

1 This provision appears in Montreal Protocol 4 : it would not apply to the carriaee of baggage because of the reservation to be made by the United States under Article XXI, paragraph 1 (b) of that Protocol.

2 This provision appears in Montreal Protocol 4; It would not anply to the carriage baggage because of the reservation to be made by the United States under Article XXI, with paragraph 1 (b) of that Protocol.

3 This provision appears in Montreal Protocol 4 : it would not apply to the carriage of passengers and baggage because of the reservation to be made by the United States under Article XXI. paragraph Kb) of that Protocol.

4 This paragraph, found in Article VII of the Guatemala City Protocol nnd incorporated by reference in Montreal Protocol 3. applies only to the carriage of passengers nnd baggage because of the reservation to be made by the United States under Article XI, paragraph 1(c) of Protocol 3.

5 This version of Article 22 appears In Montreal Protocol ‘A : It would not apply to the carriage of cargo because of the reservation to be made by the United States under Article XI, paragraph 1(c) of that Protocol.

6 These provisions of Article 22, resulting from Montreal Protocol 4, apply to the carriage of cargo ; they apply only to the carriage of cargo because of the reservation to be made by the United States under Article XXI, paragraph 1(b) of that Protocol.

7 This article would not be applicable to the United States because of the reservation to be made under Article XI. paragraph 1(c) of Montreal Protocol 3 and Article XXI,paragraph 1(b) of Montreal Protocol 4.

8 The anal clauses of the Warsaw Convention (Articles 36-40) would no longer apply to the United States following denunciation of the Warsaw Convention. The applicable final clauses are In Montreal Protocol 3. with respect to the carriage of passengers and baggage, and Montreal Protocol 4. with respect to the carriage of cargo

9 Montreal Protocol 3. which applies only to the carriage of passengers and baggage because of the reservation to be made J>y the United States under Article X. paragraph 1(c) of that Protocol.

10 Montreal Protocol 4, which applies only to the carriage of cargo because of the reservation to be made by the United States under Article XXI, paragrapli 1(b) of that Protocol.