Scope of Application of Montreal and Warsaw Conventions

• Author: John D. Holding
• Pages: 9-14

Chapter 2: Scope of Application of

Montreal and Warsaw Conventions

A. INTERNATIONAL AIR CARRIAGE DEFINED

1) Application of Definition

Both the Montreal and Warsaw/Hague Conventions1define inter-

national air carriage as any carriage in which, according to the

agreement between the parties,

• the place of departure and the place of destination are with-

in the territories of two party states, or

• the place of departure and the place of destination are with-

in the territory of a single party state and there is an agreed

stopping place in the territory of another state whether or

not that state is a party.

It was held in by the English Court of Appeal in Grein v. Impe-

rial Airways Ltd.2that an “agreed stopping-place” is a place where

the aircraft stops according to the ticket, for any reason and regard-

1 Montreal Convention, art. 1, para. 2; Warsaw Convention, art. 1(2), amend-

ed by Hague Protocol, art. I(a).

2 [1937] 1 K.B. 50 at 80 (C.A.) [Grein].

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