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Trans World Airlines, Inc v. Franklin Mint Corporation and Others

United States.  17 April 1984 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Air — Civil air transport — Liability of international air carriers — Loss of cargo — Warsaw Convention, 1929, Articles 22 and 23 — Liability limit linked to value of gold — Liability limit expressed by air carrier in United States dollars — Method of conversion — Validity

Relationship of international law and municipal law — Status of treaties in United States law — Self-executing treaties — Whether provisions of self-executing treaty can be abrogated by enactment of conflicting domestic legislation — Presumption that Congress did not intend to legislate in a manner contrary to treaty obligations — Statement by Executive that treaty obligation extant — Whether conclusive

Treaties — Effect in municipal law — Whether conferring rights upon individuals — Warsaw Convention, 1929 — Allegation by plaintiff that treaty provisions rendered inoperative by doctrine of rebus sic stantibus — Assertion by treaty parties that treaty extant — Whether plaintiff precluded from asserting doctrine

Economics, trade and finance — Gold — “Official” price of gold in the United States — Warsaw Convention, 1929, Article 22 — Liability limit of air carriers linked to value of gold — Abolition of “official” price of gold in the United States — Effect on enforceability of Convention in the United States

Treaties — Interpretation — Principles of interpretation — Application by municipal courts — Object and purpose — Reference to travaux préparatoires — Subsequent practice of the parties — Warsaw Convention, 1929, Article 22 — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1995

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