From Warsaw to Montreal and from Montreal to Warsaw

judicial challenges to the incorporation into national law of the Montreal Convention on international air transport

Abstract

As a consequence of a Supreme Court’s ruling that enforces the Warsaw Convention over the Montreal Convention, the author describes the evolution of the legal framework regarding international air carrier liability in the treaties ratified by Peru. Likewise, the author criticizes the arguments on which the ruling relies, defending the enforcement of the Montreal Convention before certain scenarios, and details the possible negative consequences of said judicial decision.