STATUTES
| Date | 01 September 1962 |
| DOI | http://doi.org/10.1111/j.1468-2230.1962.tb02218.x |
| Published date | 01 September 1962 |
STATUTES
CARBIAGE
BY
Am ACT,
1961
THIS
Act came into force
on
June
22, 1961,
except, however, for
section
1
and the Second Schedule. But the Act cannot
become
effective until section
1
comes into operation. Section
1
(1)
states
that, subject to the provisions of 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,
80
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 camage by
air
to
which the Convention applies, irrespective of the nationality of the
aircraft performing that carriage. Under the same conditions the
Carriage by
Air
Act,
1982,
which gives effect to the Warsaw
Convention in its original form, shall cease to have effect.
The text of
“
the Warsaw Convention as amended at The
Hague,
1955
”
is set out in the First Schedule to the
Act,
Part
I
giving the English text and
Part
11
the French text. Section
1
(2)
provides that
“
If
there is any inconsistency between the text in
English in Part
I
of the First Schedule to this Act and the text in
French in Part
I1
of that Schedule, the text
in
French shall
prevail.” Article
36
of the original Warsaw Convention provided
that
“
La pr6sente Convention est rCdigbe
en franpis en seul
exemplaire
qui
restera d6posC aux archives dn Ministbre des
Affaires Etrangbres de Pologne, et dont une copie certi6Ce conforme
sera transmise par les soins du Gouvernement polonais au
Gouvernement de chacune des Hautes Parties Contractantes.”
As we have just seen, the French text of the original Warsaw
Convention of
1929
was the only authentic text. The
full
title of
the Convention was
‘‘
Convention pour 1’Unification de certaines
Rbgles relatives au Transport a6rien international,” and
this
was
rendered into English
as
‘‘
Convention for the Unification of Certain
Rules relating to International Carriage by
Air.”
The Convention
was ratified by the United Kingdom
on
February
14,
1988,
pro-
vision for bringing
it
into force as regards the United Kingdom
having already been made in the Carriage by
Air
Act,
1982,
to
which an English translation of the Convention (but not the original
French text) was annexed as the First Schedule. The Convention
was actually brought into force as regards the United Kingdom, as
*
Italics
added.
2
Treat
Series
No.
11 (1933),
where
an
English
translation
is
given
as
well
as
the Jrench text.
569
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