Summary

T
he study of the liability limitation system of international air
carriers, according to the Warsaw Convention and its
amendments, required its discussion in three chapters arranged
according to the sequence of liability domains.
The First domain included the liability limitation principle and the extent
of its application. The Second covered the liability of the international air
carrier. The Third dealt with the extent of liability limitation. Each of the three
discussion fields was ended by a brief abstract to highlight the goal of the
research, together with our personal opinion. We avoided as much as possible
any repetition in the conclusion of what had been discussed in the thesis and
dealt with what we arrived at of results and suggestions that effectively
contribute to the development of the liability limitation system, and to make it
compatible with the present era, where it has fallen in disrepute as it failed to
achieve its target as a result of rising living standards and inflated prices,
worldwide.
The liability limits became irrelevent to the damages incurred by
passengers through flight accidents. This resulted in its widespread criticism and
in some cases its abandonment. Some states went so far as to pressure small
states and airline operators to halt this system all together. This will lead us to a
new system and an inevitable one and that is the absolute liability system which
will affect directly airline companies operating on regular international air lines
especially small and medium size companies which can not continue to thrive
and meet large compensations.
This means that the Warsaw system of international transport including
the liability limitation of the air carrier must remain in force to meet clients in
the fields of passenger transport or cargo transport and luggage together with the
delay in transport, as this system can achieve a fair balance between conflicting
interests of air lines carriers on one side and of those using these lines on the
other. In addition this system achieves certain merits and is based upon
justifications already mentioned in the first chapter.
This system should be developed to be consistant with developments
achieved in the field of aeronautics and to be proportional to the rise in standards
of living and rising prices, worldwide. This optimum system which we suggest
rests on the following principles: