THE MALAYSIAN CARRIAGE OF GOODS BY AIR ACT 1974 (CAA 1974): THE LEGAL FRAMEWORK AND LIABILITY OF CARRIER
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Keywords:
Carriage of Goods by Air Act 1974 (CAA 1974), Warsaw Convention, Montreal Convention, carrier liability, cargoAbstract
Carriage of goods by air in Malaysia is governed by four international conventions. They are the 1929 Warsaw Convention as revised at The Hague in 1955, the Guadalajara Convention 1961, the Warsaw–Hague Convention further amended by Montreal Protocol No.4 and the Montreal Convention 1999. They are identified as the Warsaw System Conventions and the Montreal based Convention.
Each convention has its pros and cons. The main focus of this article is to highlight carrier liability for cargo carriage. Areas that will be scrutinized are the scope of application of the conventions, the liability of carriers and limitation of these liability. This is followed by criticism, recommendations and comments on possible lacuna that arise, where possible.
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