Abstract

In this study we try to explore the concept of “Warsaw Convention” in a holistic context. The main focus of the research is on “Warsaw Convention” and its relation with “protection of passengers”. The research also analyzes many aspects of “Warsaw Convention” and tries to gauge its effect on “protection of passengers and their legal rights”. Finally the research describes various factors which are responsible and tries to describe the overall effect of Warsaw Convention on protection of passengers.

Table of Contents

Abstracti

Introduction1

Discussion1

Conclusion4

Works Cited5

Warsaw Convention

Introduction

Transport in international air traffic issues is liable if the passengers die or get injured due to the delay in flights and/or baggage destruction, loss or damage to luggage.

The Warsaw Convention was signed on 12 October 1929. It was the result of discussion among experts from air traffic rights of the thirty-one countries who created the Warsaw framework for passengers, still form the basis of international agreements. In 1999, the Montreal Convention updated: new document, which was created in this way, called the Montreal Agreement (warsawconvention.pl).

Discussion

In 1925, first Diplomatic Conference Private Air Law was held in Paris, which was organized by the International the Air Navigation Commission, during which it was decided to set up the Inter- National Technical Committee of Legal Experts on Air (iftta.org). The committee consisted of prominent lawyers, representing all major directions of legal systems. At the Paris conference, the French government submitted the draft convention on air carrier liability for air transport international. Nevertheless, the adoption of the original initiative international convention came from the Polish. In 1929, the II International Conference of Diplomatic Aviation Private Law was held in Warsaw. Conference adopted the final text of the Warsaw Convention, signed in French, with the objective of a Convention for the Unification of certain Rules Relating to International Carriage by Air signed in Warsaw on 12 October 1929, which was signed by 23 countries. The law was implemented on 13 February 1933 and became one of the most important and most widely accepted international conventions private law. The aim was the creation of uniform rules at international level, governing issues such as liability of the carrier, transport documents and jurisdiction. It was necessary to reconcile the interests of both passengers and carriers. The Convention introduced the principle of the benefit of passengers under the carrier's liability based on the presumption of guilt. Convention introduced limits on compensation, over which the carrier cannot be held responsible (icao.int).

Warsaw Convention was signed Warsaw and it was amended in 1933, 1955 and 1966. The reasons for the Warsaw convention are listed below (Bassiouni 1999: 59):

The carrier shall be held liable for any damage sustained in case of destruction, loss or damage to checked baggage or cargo if the damage has occurred during air transport.

The air transport comprises the period during which the baggage or cargo is in charge of the carrier, whether in an airport or on board an aircraft or in any place in the event of a landing outside an airport. During this period, if there ...