By Kurt Grönfors
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Additional info for Air Charter and the Warsaw Convention: A Study in International Air Law
In other words, the parties are free to decide whether they want to place themselves outside or inside the scope of the Convention, and this in spite of the fact that the Warsaw Rules are mandatory. This very result-that a set of rules having mandatory character and thus a legally defined scope independent of the intentions of the contracting parties is nevertheless found to depend for its application on the intentions of the parties-seems to indicate that there is something wrong with the method of interpretation recommended.
The situation does not 28 This statement does not seem to be strictly correct, as even gratuitous carriage by an air transport undertaking is covered by the Warsaw Convention. See Article 1 (1) . Goedhuis, National Airlegislations, p. 134. •• The same opinion is held by Maniatopoulos, Citeja Doc. 423, p. 4· Deciding the Applicability of the Warsaw Rules 45 lend itself to the Rules). 26 It must be clearly stated that this argument is a very strong one. But it is, of course, necessary to prove that the Rules cannot in fact be adapted to the charter situation at hand.
57-58, 136-138). Sidenbladh seems to be opposed to Drion's opinion as regards the position of the aircraft owner in case of time charter. See Sidenbladh's review of Drion's book, Svensk juristtidning 1955, p. 493· 52 CHAPTER III (4) tion to carry" theory as a test for the applicability of the Convention should be handled in practice. He starts by declaring as a condition for the application of the Convention that the contract must be a contract of carriage, and one of carriage between agreed points.
Air Charter and the Warsaw Convention: A Study in International Air Law by Kurt Grönfors