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Document Type

Article

Media Type

Text

Abstract

This comment advocates elimination of the liability limits imposed under the Warsaw Convention in the event of an aviation accident. The comment first examines the history of the Warsaw Convention. Next, the comment looks at application of a subjective test to prove willful misconduct in order to overcome such liability limits. The application of a subjective test is analyzed in the context of two recent cases. Legislative intent in approving recent changes to the applicable Warsaw Convention language is also covered. The comment then calls for use of an objective test to establish willful misconduct and recommends ratification of the 1999 Montreal Convention eliminating liability limits altogether. Finally, this piece concludes with a special addendum analyzing the feasibility of removing liability limits after the events of September 11, 2001.

First Page

337

Last Page

363

Publication Date

5-1-2002

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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