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Evolution From Warsaw To Montreal: Transformation Of Air Carrier Liability




Sandra Jose, Gujarat Maritime University


ABSTRACT


The regulation of air carrier liability has undergone a far-reaching transformation over the past century, evolving from the restrictive regime of the 1929 Warsaw Convention to the progressive two-tier liability system established by the 1999 Montreal Convention. This research paper traces the historical path of international aviation law, examining the legal mechanisms, policy considerations and practical implications that shaped this evolution. By analysing the foundational principles of the Warsaw Convention, the sequence of amendments through protocols and intercarrier agreements and the transformative approach adopted in Montreal, this study demonstrates how international aviation liability law has progressively balanced the interests of passengers, air carriers, and the aviation industry. This transformation reflects broader developments in consumer protection, international commerce, and the recognition that modernised air transportation required contemporary legal frameworks. This paper argues that the Montreal Convention represents a bigger a shift in aviation liability jurisprudence, establishing a more equitable and transparent system while maintaining sufficient protections for carrier operating in a complex global market.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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