Study Guide

Legal Framework for Carriage by Air

International air transport is regulated by two systems: the Chicago System and the Warsaw System.

• The Chicago System governs international civil aviation by establishing uniform rules for the use and control of national airspace; it primarily governs relationships between States.
• The Warsaw System governs carrier liability in the carriage of cargo and passengers.

The key concept in the amended Warsaw Convention is “international carriage.” This refers to the transport of goods between the territories of two countries that are parties to the Convention.

This differs from the Hague Visby Rules. The Hague Visby Rules apply if the country of origin has adopted them. In contrast, the amended Warsaw Convention applies only when both the origin and destination countries have adopted the Convention. If one of the countries has not adopted the Hague Protocol, the amendments do not apply.

For example, Thailand and Taiwan have not adopted the original Warsaw Convention. As a result, air carriage between Australia and those countries is not considered international carriage under the Convention.

The Montreal Convention, concluded in 1999 and in force from 4 November 2003, incorporates most of the existing instruments in a single package that States must either accept or reject in its entirety. As more States ratify the Montreal Convention, the older Warsaw System instruments are becoming increasingly redundant.