Scope of Application of Montreal and Warsaw Conventions

AuthorJohn D. Holding
Pages9-14
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-
1Montreal 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].
[9]

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