Warsaw Convention

The Convention for the Unification of certain rules relating to international carriage by air, commonly known as the Warsaw Convention, is an international convention which regulates liability for international carriage of persons, luggage, or goods performed by aircraft for reward. Originally signed in 1929 in Warsaw (hence the name), it was amended in 1955 at The Hague, Netherlands, and in 1971 in Guatemala City, Guatemala. United States courts have held that, at least for some purposes, the Warsaw Convention is a different instrument from the Warsaw Convention as amended by the Hague Protocol. On 17 August 1923, the French government proposed the convening of a diplomatic conference in November 1923 for the purpose of concluding a convention relating to liability in international carriage by air. The conference was formally deferred on two occasions due to reluctant behavior of the governments of various nations to act on such a short notice without the knowledge of the proposed convention. Finally, between 27 October and 6 November, the first conference met in Paris to study the draft convention. Since most of the participants were diplomats accredited to the French government and not professionals, it was agreed unanimously that a body of technical, legal experts be set up to study the draft convention prior to its submission to the diplomatic conference for approval. Accordingly, the International Technical Committee of Legal Experts on Air Questions (Comité International Technique d’Experts Juridiques Aériens, CITEJA) was formed in 1925. In 1927–28 CITEJA studied and developed the proposed draft convention and developed it into the present package of unification of law and presented it at the Warsaw Conference, where it was approved between 4 and 12 October 1929. It unified an important sector of private air law. The Convention was written originally in French and the original documents were deposited in the archives of the Ministry for Foreign Affairs of Poland. After coming into force on 13 February 1933, it resolved some conflicts of law and jurisdiction. Between 1948–51 it was further studied by a legal committee set up by the International Civil Aviation Organization (ICAO) and in 1952 a new draft was prepared to replace the convention. However it was rejected and it was decided that the convention be amended rather than replaced in 1953. The work done by the legal committee at the Ninth Session was presented to the International Conference on Air Law which was convened by the Council of the ICAO and met at The Hague from 6 to 28 September 1955. The Hague Conference adopted a Protocol (the Hague Protocol) for the amendment of the Warsaw Convention. Between the parties of the Protocol, it was agreed that the 1929 Warsaw Convention and the 1955 Hague Protocol were to be read and interpreted together as one single instrument to be known as the Warsaw Convention as amended at the Hague in 1955. This was not an amendment to the convention but rather a creation of a new and separate legal instrument that is only binding between the parties. If one nation is a party to the Warsaw Convention and another to the Hague Protocol, neither state has an instrument in common and therefore there is no mutual international ground for litigation. The Montreal Convention, signed in 1999, replaced the Warsaw Convention system.