Carriage by Air (Supplementary Provisions) Act, 1962
| DOI | http://doi.org/10.1111/j.1468-2230.1963.tb00714.x |
| Author | D. H. N. Johnson |
| Published date | 01 May 1963 |
| Date | 01 May 1963 |
STATUTES
CARRIAGE
BY
AIR
(SUPPLEMENTARY PROVISIONS) ACT,
1962
THE law in regard to carriage by
air
is undergoing certain improve-
ments, but in the process of dohg
so
is becoming increasingly
confusing. As explained
in
a previous note,l section
1 (1)
of
the Carriage by
Air
Act,
1961,
provides that, subject to that
section, the provisions of the Convention known as
“
the Warsaw
Convention as amended at The Hague,
1955,”
as set out in the
First Schedule to the Act,.shall,
so
far as they relate to the rights
and liabilities
of
carriers, carriers’ servants and agents, passengers,
consignors, consignees and other persons, and subject to the
provisions of the Act, have the force of law in the United Kingdom
in relation to any carriage by air to which the Convention applies,
irrespective of the nationality of the aircraft performing that
carriage; and also that the Carriage by Air Act,
1982,
which’ gives
effect to the Warsaw Convention in its original form, shall cease
to have effect.
The original Warsaw Convention, known as the Convention for
the Unification of Certain Rules relating to Inte-ational Carriage
by
Air,
was signed in
1929
and came
into
force as regards the
United Kingdom in
1988.
At
The Hague
in
1955
it was amended
by a Protocol. Article
22
of this Protocol provides that
“
as
soon
as thirty signatory States have deposited their instruments of
ratification of this Protocol,
it
shall come into force between them
on the ninetieth day
after
the deposit
of
the thirtieth instrument
of ratification.” Already over twenty states have ratified the
Hague Protocol, and
so
its entry
into
force must be contemplated
as not a very remote possibility. The United Kingdom, however,
has not yet ratified. Accordingly, although the Carriage by
Air
Act,
1961,
was enacted with a view to giving the Protocol the
force
of
law in this country,
no
Order in Council has yet been
made under section
1
(8)
of the Act certifying the day
on
which
the amended Convention, and also section
1 (1)
of the Act, come
into force.
In
1961
there was held in Guadalajara, Mexico, under the
auspices of the International Civil Aviation Organisation, an Inter-
national Conference
on
Private Air Law which resulted in the
adoption of a
“
Convention, supplementary to the Warsaw Con-
vention, for the Unification of Certain Rules relating to Inter-
national Carriage by Air Performed by a Person other
than
the
Contracting Carrier.”
*
Whereas therefore the purpose
of
the
1
(1962)
26
M.L.R.
669.
2
Cmnd.
1668.
286
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