Essential Documents on International Air Carrier Liability Issued October 2012 International Air Transport Association Montreal Geneva 3rd Edition
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Table of Contents Preface...vii Foreword...ix Section 1 Instruments Relating to Liability for Carriage by Air... 1 1.1 Warsaw Convention 1929... 3 List of Parties... 9 1.2 The Hague Protocol 1955... 14 List of Parties... 19 1.3 Guadalajara Supplementary Convention 1961... 24 List of Parties... 27 1.4 Guatemala City Protocol 1971... 30 List of Parties... 35 1.5 Montreal Additional Protocol No. 1 1975... 36 List of Parties... 38 1.6 Montreal Additional Protocol No. 2 1975... 41 List of Parties... 44 1.7 Montreal Additional Protocol No. 3 1975... 47 List of Parties... 50 1.8 Montreal Protocol No. 4 1975... 52 List of Parties... 58 1.9 Montreal Convention 1999... 62 List of Parties... 71 Notice of Revision of Limits under the Montreal Convention 1999... 77 Section 2 Intercarrier Agreements on Carrier Liability... 79 2.1 Montreal Intercarrier Agreement 1966 (CAB 18900)... 81 2.2 IATA Intercarrier Agreement on Passenger Liability (IIA) 1995... 82 List of Signatories... 84 Final Resolution Adopted at IATA s 51st Annual General Meeting Kuala Lumpur, 30 31 October 1995... 86 2.3 Agreement on Measures to Implement the IATA Intercarrier Agreement (MIA)... 87 List of Signatories... 88 2.4 Air Transport Association of America (ATA) Provisions Implementing the IATA Intercarrier Agreement to be Included in Conditions of Carriage and Tariffs (IPA)... 89 List of Signatories... 91 2.5 Air Transport Association of America (ATA) Implementing Provisions Agreement 2006... 92 List of Signatories... 95 iii
Essential Documents on International Air Carrier Liability 2.6 Air Transport Association of America (ATA) Implementing Provisions Agreement 2006 (as Amended 2009)... 96 List of Signatories... 100 2.7 Text of Japanese Carriers Conditions of Carriage and Advice on Waiver of Liability Limits... 101 Section 3 European Union Regulations on Carrier Liability... 103 3.1 Regulation (EC) No 2027/97 of 9 October 1997 on Air Carrier Liability in the Event of Accidents... 105 3.2 Regulation (EC) No 889/2002 of The European Parliament and of The Council of 13 May 2002 Amending Council Regulation (EC) No 2027/97 of Air Carrier Liability in the Event of Accidents... 108 3.3 Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on Insurance Requirements for Air Carriers and Aircraft Operators...112 3.4 Regulations Commission Regulation (EU) No 285/2010 of 6 April 2010 amending Regulation (EC) No 785/2004 of the European Parliament and of the Council on Insurance Requirements for Air Carriers and Aircraft Operators...119 Section 4 Unified Texts and Translations of Key Carrier Liability Instruments... 121 4.1 Authentic French Text of The Warsaw Convention 1929... 123 4.2 United Kingdom s Translation of the Authentic French Text of The Warsaw Convention 1929... 129 4.3 United States Translation of the Authentic French Text of The Warsaw Convention 1929... 135 Differences Between US and UK Translations of the Authentic French Text of The Warsaw Convention... 141 4.4 Warsaw Convention 1929 as Amended at The Hague 1955... 142 Warsaw Convention 1929 and Hague Protocol Comparison Table... 148 List of Parties to the Amended Instrument... 151 4.5 Warsaw Convention 1929 as Amended at The Hague 1955 and by Protocol No. 4 of Montreal 1975 (Unifi ed Text)... 161 Warsaw Convention 1929, Hague Protocol and Montreal Protocol No. 4 Comparison Table... 167 List of Parties to the Single Instrument (Unifi ed Text)... 172 Section 5 Leading UK and US Cases on Exclusivity of Warsaw Instruments... 177 5.1 Headnote Sidhu and Others v British Airways plc [1997] 1 All ER 193, HL... 179 5.2 Headnote El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, (97-475) 525 US 155 (1999) 122 F. 3d 99, Reversed... 180 5.3 Summary The Queen v the Secretary of State for the Environment, Transport and the Regions Ex parte International Air Transport Association... 181 iv
Table of Contents Section 6 Instruments Relating to Third Party Liability... 185 6.1 Rome Convention 1933... 187 List of Parties... 190 6.2 Brussels Insurance Protocol 1938... 191 List of Parties... 193 6.3 Rome Convention 1952... 194 List of Parties... 201 6.4 Montreal Protocol 1978... 203 List of Parties... 207 6.5 General Risks Convention 2009... 208 List of Parties... 213 6.6 Unlawful Interference Convention 2009... 214 List of Parties... 225 Publisher s Note Certain comments or clarifi cations to the accompanying documents have been inserted by IATA. They do not constitute an integral part of the documents and are identifi ed by [PN]. v