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The Scope of Application of the Montreal Convention

  • Attila Sipos

摘要

International treaties may be established among international legal entities (States, international organisations). States are entities of international law with full powers, and their capacity to conclude agreements is complete. States may manifest their recognition of the binding effect of international treaties by signing, ratification, approval, and accession. These acts give rise to rights and obligations proceeding from international treaties for the contracting States. The applicability of the Convention depends on several factors, first and foremost on the fact whether the sovereign State has acceded to the treaty, in this case to the Montreal Convention. If so, by reason of this fact the Convention integral to national law has binding effect and is applicable. Of course, this does not suffice in itself because in a specific situation, although the country has acceded to the Montreal Convention, it is not applicable to the judgement of specific cases. For the establishment of the applicability of the Convention, the primary tasks are the determination of the personal and substantive conditions, of major procedural issues such as jurisdiction and the examination of the limitation periods.