The Warsaw limit: medieval unbreakable and unconscionable

Charles Haddon-Cave

Journal of Air Transport Management, 1994, vol. 1, issue 4, 245-249

Abstract: The role of the Warsaw Convention in the modern world is increasingly under scrutiny. This paper focuses on the carrier's right to limit its liability under Warsaw as amended by the Hague Protocol, and examines three questions in particular. First, what are the origins of limitation of liability? Second, can one can ever really hope to break the limit under Article 25 of the Warsaw Convention? Third, can we really justify limiting passenger claims any longer? The answer to the first question is ‘medieval’ and the (not unsurprising) conclusion on the second and third questions is ‘no’ to each. The notion of breaking the limit is a chimera. And the notion that the present regime of limitation against passenger claims under Warsaw should continue to exist into the 21st century is, to the author's mind (and others), unthinkable. The industry must address the disquiet regarding limitation of passenger claims before the momentum to sweep away all forms of limitation becomes unstoppable.

Keywords: limitation; Article 25; Warsaw Convention (search for similar items in EconPapers)
Date: 1994
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Persistent link: https://EconPapers.repec.org/RePEc:eee:jaitra:v:1:y:1994:i:4:p:245-249

DOI: 10.1016/0969-6997(94)90016-7

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