Introduction

• Author: John D. Holding, Q.C., MRAeS
• Pages: 1-10

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Chapter 1: Introduction

A. HISTORICAL OVERVIEW

The law of international air carr iage is governed in t he United King-

dom by several statutes, orders and regulations which implement the

provisions of seven international treaties. Application of the law may

also be affected by an agreement between international air carriers.

The following is an overview of the historical development of the law.

1) Warsaw Convention 19291

This treaty, in force since 1933, provided a uniform legal system gov-

erning the relatively new f‌ield of international air carriage. It est ab-

lished a regime of carrier liability for passenger death and injury, and

damage to baggage and cargo, subject to monetary limits. The liabil-

ity limits were breakable by proof of wilfu l misconduct. The liability

itself was subject to the defence that the carr ier had ta ken all neces-

sary measures to avoid the injury or damage.

The treaty established uniform rules for territorial jurisdict ion in

actions to enforce rights and liabilities arising f rom the international

legal regime.

1 See Appendix B, below Ca rriage by Air Acts (Application of Prov isions) Order,

2004, Schedule 2.