Reforming the Liability Provisions of the Warsaw Convention: Does the IATA Intercarrier Agreement Eliminate the Need to Amend the Convention?
This Note examines recent attempts to resolve over sixty years of criticism of the Warsaw Convention's liability limits. Part I discusses the Warsaw Convention, the international community's efforts to expand the liability provisions of the Warsaw Convention, and judicial treatment of the Warsaw Convention's liability limits in the United States. Part II describes recent proposals to resolve the issue of liability limits, including the IATA Intercarrier Agreement, the DOT's proposed conditions to the IATA Intercarrier Agreement, the EC Proposal on air carrier liability, and the ICAO's draft of a new international convention. Part III argues that the IATA Intercarrier Agreement does not eliminate the need to amend the Warsaw Convention's liability provisions because contractual agreements such as the IATA Intercarrier Agreement cannot achieve the dual goals of uniform liability limits and systematic legal procedures foreseen by the Warsaw Convention's drafters. This Note concludes that global adoption of a new international convention is the best means of regulating air carrier liability given the complexities of the worldwide aviation industry today.
Andrea L. Buff,
Reforming the Liability Provisions of the Warsaw Convention: Does the IATA Intercarrier Agreement Eliminate the Need to Amend the Convention?,
20 Fordham Int'l L.J. 1768
Available at: https://ir.lawnet.fordham.edu/ilj/vol20/iss5/11