The survival of the Warsaw System and the new Montreal Convention governing certain roles for international carriage by air: Are the conflicts solved?

摘要

The year 2003 marks the entering into force of the new Montreal Convention governing certain rules for international carriage by air. This, however, does not mean that the international community, including States, air carriers and their agents, passengers, shippers and consignors, insurance companies and the legal community in general (specially aviation lawyers and judges) shall only rely on this instrument. The Warsaw Convention and its complementary instruments, known as the Warsaw System, is still applicable and in certain circumstances, may be the only existing relation binding States and air carriers, especially in terms of liability and compensatory damages arising from an accident or delay. Good knowledge of the conflicts that may arise within the existing international legal framework is an asset for a successful civil aviation case consultancy or trial.