Liability in international air transport : (an Icelandic perspective)

• Main Author: Vülundardóttir, Kristín
• Other Authors: Milde, M. (advisor)
• Format: Thesis
• Language: English
• Published: McGill University 1993
• Subjects: Law; Political Science; International Law and Relations; Transportation; Iceland
• Online Access: http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26228

At present there are several instruments that regulate air carrier's liability in international transportation. These international treaties are collectively known as the Warsaw System. Unfortunately, not all States are parties to the same instruments. In this thesis, four possibilities will be introduced for amendment of the System. These possibilities are as follows: ratification of the Guatemala City Protocol through the Montreal Protocol No. 3, an international treaty instrument, meant to update and amend the whole Warsaw System; the Italian solution, a national "remedy" taken without international consultations; the Japanese action, Japanese air carriers have waived entirely the Warsaw System's limits of liability; and finally, a recommendation to the EC Commission on a regional remedy in the form of a multilateral agreement where carriers raise the liability limits but otherwise the Warsaw provisions apply. Each possibility will be thoroughly examined in order to determine whether it is the best solution to the present crisis that the System is facing. At the end of this thesis one solution will be recommended for Iceland and other States to update the System. Other solutions are available but will not be discussed since they are not considered desirable for the aim of unification of air carrier's liability in international air carriage. What must be kept in mind when the four possibilities are being examined is that the aim of this thesis is to find a solution that unifies the air carrier liability regime and sometimes, in order to reach a uniform solution, a compromise must be reached. (Abstract shortened by UMI.)