Carriage of Сargo by Аir in International Privаtе Law: Certain Issues Related to the Air Carriers' Civil Liability

The current paper traces the development of international regulation of carriage of cargo by air and identifies some of the most important trends in the application and interpretation of the provisions of both international air conventions and national laws. The purpose of present research paper is to comprehensively examine the institute of civil liability of air carriers for damage sustained in the event of the destruction, loss and delay in the carriage of cargo by air. While it is generally believed that air conventions cover a substantial majority of aspects of civil liability of carriers, it is argued that the large array of topics is still regulated by national laws. It is for that very reason why current paper aims to critically analyze not only applicability of international air treaties, but also to identify the possibility and scope of application of relevant provisions of national laws. The scope of present research is to consider some specific issues related to the conditions for the carriers’ liability for damage occasioned by destruction, loss or delay in the carriage of cargo inclusive, but not limited to, limits of liability, whole and partial exoneration from liability, the question of jurisdiction and applicable laws. Recent ratification of Montreal Convention by Russia did not exclude the applicability of Warsaw Convention, thus, today there are two legal regimes that eventually govern international carriage of goods by air. Existence of two parallel legal regimes produces great uncertainties regarding applicable laws, and further triggers issues of liability rules. Absence of domestic case law as well as lack of fundamental analysis of the relevant provisions of the air conventions signifies the importance and relevance of the research topic.