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Extra info for Air Charter and the Warsaw Convention: A Study in International Air Law

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Mentaire de droit aerien, Paris 1952, No. 276 (p. 326); Litvine, op. , No. 18o (p. 134). As to the standpoint of Coquoz, see further infra (3) and (6). n u 38 CHAPTER III (2) arguments put forward by Shawcross ing to a statement by Beaumont, this reasonable. e. the question of who has the status of carrier in relation to passengers and shippers, but the wording sometimes also covers the first main problem, that concerning the relationship between the aircraft owner and the charterer. One reason for the standpoint here dealt with might be that, as Litvine points out, according to Article 30 of the Warsaw Convention, referring to successive transports, the carrier need not be a person who was also a party to the contract of carriage.

36 CHAPTER III (1) protection from the law ... " 7 Besides, a "charterer" is neither a passenger nor a consignor in the legal meaning of the terms; he is a party sui generis, not provided for in the Convention. 8 It thus appears to be very much in doubt whether the text of the Convention is meant to cover charter operations. This seems to be the case not only in situations where the charterer intends to fly himself or carry his own cargo but also where he decides to sublet the space of the aircraft wholly or in part to others or to carry for others.

P. 19. Cf. Hughes, op. , p. 18. Deciding the Applicabiliry of the Warsaw Rules 43 tion of its applicability in the first place the transportation must be qualified as international. With these three principles as a basis for the discussion, Goedhuis arrives at the conclusion that air charter carriage comes under the Warsaw Rules only in a comparatively few cases. , in the terms of Goedhuis, the owner is not a carrier within the meaning of the Convention. If, however, the charterer concludes contracts of carriage with passengers and consignors he must be considered as a carrier within the meaning of the Warsaw Convention, and this carriage will thus be governed by this Convention.

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