This Note argues that a new uniform limtiation on aviation liability must be internationally recognized to address the concerns raised by the Coccia decision. Part I of this Note will discuss the history and purpose of the Warsaw Convention's limit on liability and the Italian Constitution Court's rejection of this provision in Coccia. Part II will discuss the international legal ramification of the Coccia decision. Part III will analyze the need to reform Article 22(1) to rationally relate the limit on liability to the development of international air transportation. This Note concludes that a new liability limit must be formulated to ensure the adequacy and certainty of damage compensation.
Warsaw Convention Limitation on Liability: The Need for Reform After Coccia v. Turkish Airlines,
11 Fordham Int'l L.J. 132
Available at: http://ir.lawnet.fordham.edu/ilj/vol11/iss1/4