Veuve Mackinnon v. Air France

Abstract

International law in general — Sources — Customary international law — State practice — Conditions for creation of rule of customary international law.

Treaties — Conclusion and operation of — Effect on third parties Interpretation of bilateral agreement — Treaties on similar subject between parties and third States — Whether evidence of intention of parties.

Treaties — Interpretation of — Agencies of interpretation — Parties Subsequent practice — Probative value.

Treaties — Interpretation of — Bilingual treaties (English-Italian) — Meaning of words in both languages — “And” and “or” — “E” and “o” — Whether cumulative or alternative sense.

Treaties — Interpretation of — Consideration of preparatory work — Agreement modelled on earlier agreement between one of parties and third State — Whether earlier agreement constitutes preparatory work for later — Whether relevant to interpretation of intention of parties and objective of later agreement.

Treaties — Special Kinds of — Air transport agreements — Agreement between Italy and United States, 1948 — Interpretation of — Whether all-cargo flights covered.

Disputes — Arbitration — In general — The law applied by arbitral tribunals — Treaties — Principles and rules of interpretation.

Treaties — Conclusion and operation of — Operation and enforcement of — Warsaw Convention, 1929 — Hague Protocol, 1955 — Article 11 of Protocol amending Article 22 of Warsaw Convention and raising limit of liability of air carriers — Whether applicable to accident in course of carriage between France and Senegal prior to entry into force — Whether Senegal party to Hague Protocol — Whether ratification by France prior to Independence of Senegal extended application to Senegal in absence of contrary declaration or denunciation — Article 25 — Whether Protocol applicable to all contracts in force at date of entry into force — The law of France.