مروري بر اسناد حاكم بر حقوق حمل و نقل بين المللي هوايي و سير تحول آن

Review of the Development of Instruments on International Carriage by Air

The international air transportation of passenger, baggage and cargo is a rich source of potential conflict of laws, and conflict of jurisdictions. The need for unification of law with respect to the important components of contract of international carriage by air became visible during the very infancy of international air transport. From 1929 to 1999, eight instruments, namely, the Warsaw Convention of 1929, The Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala Protocol of 1971, and Additional Protocols no. 1 to no. 4 of 1975 and the Montreal Convention of 1999 have been adopted. During ensuing decades, efforts to update this legal regime have led to fragmentation. It is difficult to determine which one of these instruments applies in each case. This article introduces these instruments and attempts to show that air law has been developed and the Montreal Convention is an experience of 70 years of worldʹs air law practice