BASIC PRINCIPLES OF THE WARSAW SYSTEM OF INTERNATIONAL CIVIL AVIATION AND ITS INFLUENCE ON THE DEVELOPMENT OF THE NATIONAL AVIATION UNIVERSITY

Authors

DOI:

https://doi.org/10.18372/2307-9061.69.18299

Keywords:

Warsaw System, National Aviation University, international carriage by air, international conventions of aviation law

Abstract

The purpose of the study is a scientific and historical analysis of the Warsaw Convention of 1929 as a legal framework which is an effective tool used by international civil aviation. Research methods: the methodological background of the work is a comprehensive analysis of the conceptual foundations of rules relating to international transportation by air, stipulated by the Warsaw Convention of 1929. It is based on the method of historicism, analytics and comparisons, explanation, classification, as well as systemic. Results: the unification of private air law for international air transport became a priority very early in the history of aviation, as the first airlines capable of carrying passengers, mail and cargo were established very soon after the First World War. The complex external elements of such a question required the unification of law at a broad international level to prevent unforeseen conflicts of law and conflicts of jurisdiction.

Thus, the Warsaw Convention signed on October 12, 1929, officially called the Convention on the Unification of Certain Rules Relating to International Air Transportation, has become one of the most important instruments of private international law. The Warsaw Convention is an international convention that regulates liability in the event of an accident for the international carriage of persons, baggage or cargo by aircraft for remuneration. It was the first comprehensive legal framework governing aviation internationally, playing an important role in supporting the development of the sector and establishing a set of principles, most of which are still valid and form the basis of modern aviation law. In such conditions the National Aviation University was founded and, on these principles, began to form as a powerful scientific, educational, methodical institution. Discussion: in addition to the historical value, as well as the possibilities of application in the educational process of this article, it is relevant for the formation of the philosophical principles of the development of the NAU. At the dawn of the founding of NAU, world civil aviation was also at the stage of formation and formation. The purpose of the 1929 Warsaw Convention was to protect the fledgling aviation industry from the devastating effects of unlimited liability for aircraft accidents. After more than 100 years, the air transportation industry has become stable and safe. In the same way, since its foundation, NAU has turned into a powerful scientific, methodical, educational institution in the aviation industry of Ukraine and the world.

Author Biographies

Kateryna Vodolaskova, University of Cologne

doctoral student

Olena Makeieva, National Aviation University

кандидат юридичних наук, доцент, завідувач кафедри теорії та історії держави і права

References

Jagdish Chander Batra. International Air Law: Including Warsaw Convention 1929 & Montreal Convention 1999. Reliance Publishing House, 2003, 188 p.

Warsaw Convention Annotated: A Legal Handbook, Second Edition. Lawrence B. Gold-hirsch. Kluwer Academic Publisher, 2000.

Montreal Convention of 1999. Article 55 (1).

Protocol to Amend the Convention for the Unification of Certain Rules Relating to Interna-tional Carriage by Air, signed at Warsaw on 12 Oct. 1929, done at the Hague on 28 Sep. 1955 (the Hague Protocol 1955). Available at: https://www.mcgill.ca/iasl/files/iasl/hague1955.pdf

Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Per-formed by a Person Other than the Contracting Carrier, signed in Guadalajara, on 18 Sep. 1961 (Guadalajara Convention 1961). Available at: https://www.mcgill.ca/iasl/files/iasl/ guadalaja-ra1961.pdf

Protocol to Amend the Convention for the Unification of Certain Rules Relating to Interna-tional Carriage by Air, signed at Warsaw on 12 Oct. 1929, as Amended by the Protocol Done at the Hague on 28 Sep. 1955, Signed at Guate-mala City, on 8 Mar. 1971. Available at: Avail-able at: https://www.mcgill.ca/iasl/files/iasl/guatemala1971.pdf

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 Oct. 1929 as Amended by the Protocols Done at the Hague on 28 Sep. 1955 and at Guatemala City on 8 Mar. 1971 Signed at Montreal on 25 Sep. 1975. Available at: https://www.icao.int/ secretariat/legal/ list%20of%20parties/ ap1_en.pdf

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 Oct. 1929 as Amended by the Protocols Done at the Hague on 28 Sep. 1955 and at Guatemala City on 8 Mar. 1971 Signed at Montreal on 25 Sep. 1975. Available at: https://www.icao.int/ secretariat/legal/list%20of%20parties/ap2_en.pdf

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 Oct. 1929 as Amended by the Protocols Done at the Hague on 28 Sep. 1955 and at Guatemala City on 8 Mar. 1971 Signed at Montreal on 25 Sep. 1975. Available at: https://www.icao.int/ secretariat/legal/list%20of%20parties/ ap3_en.pdf

Montreal Protocol No. 4 to Amend Convention for the Unification of Certain Rules Relating to International Carriage by Air, Signed at Warsaw on 12 Oct. 1929, as Amended by the Protocol Done at the Hague on 28 Sep. 1955, signed at Montreal on 25 Sep. 1975. Available at: https://www. mcgill.ca/iasl/files/iasl/ montreal1975d.pdf

Mendes De Leon, Pablo et al., The Mont-real Convention: Analysis of Some Aspects of the Attempted Modernization and Consolidation of the Warsaw System, Journal of Air Law and Commerce, Vol. 66, Issue 3, Art. 4, pp. 1155-1185 (2001).

International Conference on Air Law. Volume I. Minutes. Available at: http://www. icscc.org.cn/upload/file/ 20190102 /Doc.9775-EN% 20International%20Conference%20on%20Air %20Law%20Volume%20I%20-%20Minutes.pdf

Elmar Giemulla, Ronald Schmid, Wolf Muller-Rostin, Regula Dettling-Ott and Rod Margo. Montreal Convention. Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May. 1999 (Montreal Convention of 1999).

Michael Milde. “Warsaw System” and the 1999 Montreal Convention. International Conference Contemporary Issues in air Transport, Air Law & Regulation 25 Apr. 2008, New Delhi, India. Available at: https://www.mcgill.ca/iasl/files/iasl/ C08-Michael_Milde-Warsaw_System_ and_Montreal_1999.pdf

Ferrer Tapia, Belén. El contrato de transporte aéreo de pasajeros. Sujetos, estatuto y responsabilidad. (Madrid, Rústica, 2013), 354.

Downloads

Published

2023-12-29

How to Cite

Vodolaskova, K., & Makeieva, O. (2023). BASIC PRINCIPLES OF THE WARSAW SYSTEM OF INTERNATIONAL CIVIL AVIATION AND ITS INFLUENCE ON THE DEVELOPMENT OF THE NATIONAL AVIATION UNIVERSITY. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law", 4(69), 16–20. https://doi.org/10.18372/2307-9061.69.18299

Issue

Section

AIR, SPACE, ENVIRONMENTAL LAW