A Review on Additional Protocol No.1.

To amend Warsaw Convention signed on 12 October 1929, signed at Montreal on 25 September 1975.


Article 1 of this protocol states that,

  “The Convention which the provisions of the present Chapter modify is the Warsaw Convention, 1929.”

Article 2 states that:

Article 22 of the Convention shall be deleted and replaced by the following:

“Article 22

  1. In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 8 300 Special Drawing Rights. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodic payments, the equivalent capital value of the said payments shall not exceed this limit. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.
  2. In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 17 Special Drawing Rights per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the consignor’s actual interest in delivery at destination.
  3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 332 Special Drawing Rights per passenger.”

Article 3 of the protocol states:

“The Warsaw Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the place of departure and destination referred to in that Article are situated either in the territories of two Parties to this Protocol, or within the territory of a single Party to this Protocol with an agreed stopping place in the territory of another State.”

Article 4 of the protocol states that:

“As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal, 1975.”

Article 10 declares that

“No reservation may be made to this Protocol”.

Reservation in international law means a unilateral statement made by a state, when signing, ratifying, accepting or acceding to a treaty, in order to modify the legal effect of certain provisions of the treaty in their application to that state.