The carriage of goods by air under Maltese law

Abstract

The aim of this thesis is to examine Subsidiary Legislation 499.24 of 2004, also known as the Carriage by Air (International and Non-International Carriage) Order 2004 which governs the carriage of goods by air industry. It investigates and explores the Warsaw Convention 1929 and Montreal Convention 1999 which have been ratified by the Maltese Government of 27th January 1986 and 18th July 2001 respectively. This thesis seeks to answer a number of questions such as: what is expected of the parties with respect to documentation and details as to the goods to be carried? And, what happens in the event that the goods carried are either received damaged or lost? The first three chapters of this thesis examine the main rules of both the Warsaw Convention and the Montreal Convention that govern a number of aspects from documentation to responsibility of carriage, obligations arising out of the carriage, remedies available to the plaintiff for damaged, lost or missing cargo, defences available to the carrier. The fourth and last chapter analyses the rules which specify which court is to have jurisdiction to hear disputes on matters of carriage of goods by air. This last chapter also studies the provision as to the time limit within which the plaintiff is to exercise his right of action against the carrier. One aspect which may be observed is the fact that the consignee is granted the right of action to file suit against the carrier. On the other hand, the carrier may not resort to the Conventions in order to file suit against the consignor or consignee for any dues in relation to outstanding charges. Throughout this Thesis I have also highlighted a number of similarities and differences between the Warsaw Convention 1929 and Montreal Convention 1999 on the one hand and the Hague Rules on the other.