Le regime de responsabilité du transporteur aerien international envers les passagers et les marchandises : mecanismes et evolution de la limitation

• Main Author: Jos, Frédérique
• Other Authors: Milde, Michael (advisor)
• Format: Others
• Language: fr
• Published: McGill University 1992
• Subjects: Law.
• Online Access: http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=67533

Over than sixty years ago was concluded the Warsaw Convention in order to provide a basis for the unification of the international private air law. The treaty, not only eliminated the problems of conflicts of laws and jurisdictions, but also set a regime of liability based on presumed fault which is still applied, today, in most international air transportations. But since the late sixties, the system has been more and more criticized and is now in crisis. The present situation has arisen because the treaty, drawn up during the infancy of the aviation industry, has, thus, afforded the carriers a certain level of protection in by setting maxima to the amount of compensation which consumers can recover in case of damage during the air transportation. These limits are now insufficient with regard to the average standard of living, especially in the Western countries. Five texts have amended the 1929 Convention so as to adapt the limits to the socio-economic requirements. The last ones, known as Montreal Protocols, have been signed in 1975 and, besides the raising of the maxima, have set a new regime of strict liability. But they have not been yet brought into force. The question of their ratification is in several countries related to the acceptance of a limited liability in case of injuries to passengers. This paper will first expose the respective mechanisms of application of the current liability system for air transport of passengers and air transport of cargo; then it will analyze the debate concerning the Montreal Protocols Nos 3 & 4 and the future prospects for the "Warsaw Regime".