Scope of Application of Montreal and Warsaw Conventions

• Author: John D. Holding, Q.C., MRAeS
• Pages: 11-16

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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 Conventions1 def‌ine interna-

tional air carriage as any carr iage in which, according to t he agree-

ment between the parties,

the place of departure and t he place of destination are within ◆

the territories of two party states, or

the place of departure and t he place of destination are within ◆

the territory of a single par ty state and there is an agreed stop-

ping place in t he 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.2 that an “agreed stopping-place” is a place where the

aircraft stops according to the ticket, for any reason and regardless of

whether the passenger is entitled to break the trip there. The lengt h

1 Montreal Convention, art. 1, pa ra. 2; Warsaw Convention, art. 1(2), amended

by Hague Protocol, art . 1(a).

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