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Warsaw Convention - Explained

What is the Warsaw Convention?

Written by Jason Gordon

Updated at July 22nd, 2021

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Table of Contents

What is the Warsaw Convention?What is the History of the Warsaw Convention?Academic Research on Warsaw Convention

What is the Warsaw Convention?

Warsaw Convention is an international convention or agreement that regulates the conveyance of goods or passengers or luggage in international transport, especially in the aviation industry. The Warsaw convention stipulates certain requirements regarding the carriage of passengers alongside their luggage or goods (cargo). 

The Warsaw Convention also define the liability of the carrier when there is loss or damage of goods and luggage and well as injury or death of passenger as a result of accidents on international flights. The limitations of this kind of liability are also contained in the agreement. As a legal framework, Warsaw Convention outlines the procedures for claims of damages. Warsaw convention was signed in 1929 by 31 states, presently, 105 signatory nations adhere to this convention.

Back to: INTERNATIONAL BUSINESS, LAW, & RELATIONS

What is the History of the Warsaw Convention?

Warsaw convention is a legal framework that serve as an effective instrument used by the International civil aviation. The Warsaw system is the result of the modifications and additional protocols, rules, and regulations in the Warsaw convention. The International Civil Aviation Organization (ICAO) oversees the operations of this system. 

The convention contains definitions of terms, documents or carriage, luggage and passenger ticket, liability of carrier, provisions of combined carriage and other general provisions which sum up to five chapters. Aside from broad topics in international flight treated by the Warsaw convention, there are also certain provisions of the convention that are specific such as passengers tickets and baggage checks. 

The convention explicitly explains international carriage and its application. It also sets rules binding the carriage of documents. As a legal framework, the Warsaw convention also specifies the carrier's liability and limitations. The convention provides a limitation which states that claims must be brought forward within two years. 

Academic Research on Warsaw Convention

  • The United States and the Warsaw Convention, Lowenfeld, A. F., & Mendelsohn, A. I. (1967). Harvard Law Review, 497-602.
  • The Denunciation of the Warsaw Convention, Kreindler, L. S. (1965). J. Air L. & Com., 31, 291.
  • The cause of action under the Warsaw Convention, Calkins Jr, G. N. (1959). J. Air L. & Com., 26, 323.
  • The Warsaw Convention, Orr, G. W. (1945). Virginia Law Review, 423-437.
  • Judicial Juridiction under the Warsaw Convention, McKenry Jr, C. E. (1963). J. Air L. & Com., 29, 205.
  • New Warsaw Convention: The Montreal Convention, The, Whalen, T. J. (2000). Air & Space L., 25, 12.International Unification of Private Law Rules on Air Transportation and the Warsaw Convention, Sack, A. N. (1933). Air L. Rev., 4, 345.
  • Recent Developments in the Warsaw Convention, Lacey, F. B. (1967). Ins. Counsel J., 34, 266.
  • The Warsaw Convention and the''Two-Tier Gold Market, Heller, P. P. (1973). Journal of World Trade, 7(1), 126-129.
  • Evaluation of Proposals to Increase the Warsaw Convention Limit of Passenger Liability, Clare, J. E. (1949). J. Air L. & Com., 16, 53.
  • Notes on the Proposed Revision of Article 17 of the Warsaw Convention, Heller, P. P. (1971). International & Comparative Law Quarterly, 20(1), 142-148.
  • The Adequacy of the Passenger Liability Limits of the Warsaw Convention of 1929, Parker, J. B. B. (1947). J. Air L. & Com., 14, 37.
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