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Annals of Air and Space Law: Vol. XXX -1 (2005)

Avant-propos

Preface

In Celebration – Michael Milde

I. PUBLIC INTERNATIONAL AIR LAW INSTRUMENTS

  • “CHICAGO” ACTS AND RELATED PROTOCOLS:
    • (A) Convention Relating to the Regulation of Aerial Navigation, Signed at Paris, on 13 October 1919 [Paris Convention 1919] [No longer in force]
      (B) Convention on International Civil Aviation, signed at Chicago, on 7 December 1944 [Chicago Convention]

      List of Parties

      (C) International Air Services Transit Agreement, signed at Chicago, on 7 December 1944 [Transit Agreement]

      List of Parties

      (D) International Air Transport Agreement, signed at Chicago, on 7 December 1944 [Transport Agreement]

      List of Parties

      (E) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 27 April 1947 [Article 93bis]

      List of Parties

      (F) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 14 June 1954 [Article 45]

      List of Parties

      (G) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Rome, on 15 September 1962 [Article 48(a)]

      List of Parties

      (H) Protocol on the Authentic Trilingual Text of the Convention on International Civil Aviation, signed at Buenos Aires, on 24 September 1968 [Trilingual Text]

      List of Parties

      (I) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 30 September 1977 [Final Clause, Russian Text]

      List of Parties

      (J) Protocol on the Authentic Quadrilingual Text of the Convention on International Civil Aviation, signed at Montreal, on 30 September 1977 [Quadrilingual Text]

      List of Parties /p>
      (K) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 6 October 1980 [Article 83bis]

      List of Parties

      (L) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 10 May 1984 [Article 3bis]

      List of Parties

      (M) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 6 October 1989 [Article 56]

      List of Parties

      (N) Protocol Relating to an Amendment to the Convention on International Civil Aviation, signed at Montreal, on 26 October 1990 [Article 50(a)]

      List of Parties

      (O) Protocol on the Authentic Quinquelingual Text of the Convention on International Civil Aviation, signed at Montreal, on 29 September 1995 [Quinquelingual Text]

      List of Parties

      (P) Protocol on the Authentic Six-Language Text of the Convention on International Civil Aviation, signed at Montreal, on 1 October 1998 [Six-Language Text]

      List of Parties

  • “AVIATION SECURITY” INSTRUMENTS:
    • (A) Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo, on 14 September 1963 [Tokyo Convention]

      List of Parties

      (B) Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague, on 16 December 1970 [The Hague Convention]

      List of Parties

      (C) Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed at Montreal, on 23 September 1971 [Montreal Convention 1971]

      List of Parties

      (D) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal, on 23 September 1971, signed at Montreal on 24 February 1988 [Montreal Protocol 1988]

      List of Parties

      (E) Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal, on 1 March 1991 (Montreal Convention 1991)

      List of Parties

      (F) Joint Statement on International Terrorism: Canada, Federal Republic of Germany, France, Italy, Japan, United Kingdom, United States, signed at Bonn, on 17 July 1978 (Bonn Declaration 1978)

  • MULTILATERAL AND BILATERAL AIR TRANSPORTATION AGREEMENTS
    • (A) Air Service Agreement between the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, signed at Bermuda on 11 February 1946

      (B) Protocol between the Government of the United States of America and the Government of Belgium Relating to Air Transport, Signed at Brussels on December 12 and 14, 1978
      (C) US Current Model Open Skies Agreement
      (D) Multilateral Agreement on the Liberalization of International Air Transportation, done at Washington on 1 May 2001 by the Asia-Pacific Economic Cooperation Members

    II. PRIVATE INTERNATIONAL AIR LAW INSTRUMENTS

  • ”WARSAW SYSTEM”
    • (A) Convention pour l’unification de certains règles relatives au transport aérien international, signée à Varsovie, le 12 octobre 1929 (Convention de Varsovie) Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, on 12 October 1929 (Warsaw Convention)
      (B) Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, done at The Hague on 28 September 1955 [The Hague Protocol 1955]

      List of Parties [Convention and Protocol]


      (C) Convention Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed in Guadalajara, on 18 September 1961 (Guadalajara Convention 1961)

      List of Parties


      (D) Protocol to Amend the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955, signed at Guatemala City, on 8 March 1971 (Guatemala City Protocol 1971)

      List of Parties


      (E) Additional Protocol No. 1 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, signed at Montreal, on 25 September 1975 (Additional Protocol No. 1)

      List of Parties


      (F) Additional Protocol No. 2 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955, signed at Montreal, on 25 September 1975 (Additional Protocol No. 2)

      List of Parties


      (G) Additional Protocol No. 3 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955 and at Guatemala City on 8 March 1971, signed at Montreal, on 25 September 1975 (Additional Protocol No. 3)

      List of Parties


      (H) Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw on 12 October 1929, as Amended by the Protocol done at The Hague on 28 September 1955, signed at Montreal, on 25 September 1975 (Montreal Protocol No. 4)

      List of Parties

  • MONTREAL CONVENTION (1999)
    • (A) Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (Montreal Convention)

      List of Parties


      (B) Comparison Table: Warsaw Convention 1929, Hague Protocol, Montreal Protocol No. 4 and Montreal Convention 1999

      Comparison Table- List of Parties

  • OTHER PRIVATE INTERNATIONAL AIR LAW CONVENTIONS
    • (A) Convention on the International Recognition of Rights in Aircraft, signed at Geneva, on 19 June 1948 (Geneva Convention 1948)

      List of Parties


      (B) Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, signed at Rome, on 7 October 1952 (Rome Convention 1952)

      List of Parties


      (C) Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, signed at Rome, on 7 October 1952 (Montreal Protocol 1978)

      List of Parties


      (D) Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001 (Cape Town Convention, 2001)

      List of Parties


      (E) Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

      List of Parties

  • INTERCARRIER LIABILITY AGREEMENTS AND OTHER LIABILITY MATERIAL
    • (A) Montreal Intercarrier Agreement, 1966, (CAB 18900) (B) IATA Intercarrier Agreement on Passenger Liability (IIA)

      List of Signatories


      (C) Measures to Implement the IATA Intercarrier Agreement (MIA)

      List of Signatories


      (D) Air Transport Association of America (ATA); Provisions Implementing the IATA Intercarrier Agreement to be Included in Conditions of Carriage and Tariffs (IPA)

      List of Signatories


      (E) Japan Airlines’ Conditions of Carriage, Effective November 20, 1992

    III. SELECTED CASE LAW

      (A) Air France v. Saks, 470 U.S. 392 (1985)
      (B) Chan v. Korean Airlines, Ltd., 490 U.S. 122 (1989)
      (C) Eastern Airlines Inc. v. Floyd, 499 U.S. 530 (1991)
      (D) El Al Israel Airlines v. Tseng, 525 U.S. 155 (1999)
      (E) Olympic Airways v. Husain, 540 U.S. 644 (2004)
      (F) Sidhu v. British Airways, [1997] 2 Lloyd’s Rep. 76