Common use of The Warsaw Instruments Clause in Contracts

The Warsaw Instruments. Nevertheless, to understand an analysis of the 1999 Montreal Convention, references to its predecessors are required. References will therefore also be made to the 1929 Warsaw Convention, which was also ratified by a signifi- cant number of States67 and enjoys significant long-time application, and to its subsequent amendments.68 66 See, ICAO, <▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/secretariat/legal/lists/current%20lists%20of%20 parties/allitems.aspx> (accessed 1 January 2021). 67 On 1 January 2021, 152 States ratified the 1929 Warsaw Convention, Source: ICAO, <https:// ▇▇▇.▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇/▇▇▇▇▇▇▇%▇▇▇▇▇▇▇%▇▇▇▇%▇▇▇▇▇▇▇▇▇/▇▇▇▇▇▇▇▇.▇▇▇▇> (accessed 1 January 2021). 1. It could be argued that there is no need to analyse the previous appli- cable instruments, as Article 55 of the 1999 Montreal Convention stipulates that it prevails over its predecessors: This Convention shall prevail over any rules which apply to international car- riage by air: 1. between States Parties to this Convention by virtue of those States commonly being Party to: (a) the Convention for the Unification of Certain Rules Relating to Internation- al Carriage by Air Signed at Warsaw on 12 October 1929 (hereinafter called the Warsaw Convention); (b) the Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929, Done at The Hague on 28 September 1955 (hereinafter called The Hague Proto- col); (c) the Convention, Supplementary to the Warsaw Convention, for the Unifica- tion of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier, signed at Guadalajara on 18 Septem- ber 1961 (hereinafter called the Guadalajara Convention); (d) the Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955, Signed at Guatemala City on 8 March 1971 (hereinafter called the Guatemala City Proto- col); (e) Additional Protocol Nos. 1 to 3 and Montreal Protocol No. 4 to amend the Warsaw Convention as amended by The Hague Protocol or the Warsaw Conven- tion as amended by both The Hague Protocol and the Guatemala City Protocol, Signed at Montreal on 25 September 1975 (hereinafter called the Montreal Proto- cols); or