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Timelines of Transit: A Historical Perspective on Transport Law. How the CIM and CIV shaped the development of international aviation rules.
The emergence of international agreements in cross-border carriage by rail has already been reported on several occasions in CIT magazines or commemorative publications. However, now arises an appropriate juncture for consideration of the impact of these agreements and for analysis of their possible effects on other sectors. The chronological sequence of the drafting of the CIM/CIV in 1924 and the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air in 1929 suggests that there is a correlation between the two agreements. This article therefore examines the legal influence of the CIM and CIV on the possible unification of aviation law.
History:
Several attempts were made in the early years of the railways to draft agreements on international carriage by rail. This was first achieved with the International Convention on the Carriage of Goods by Rail (CIM) in 1893, but it was only possible to implement actual standardisation for the carriage of passengers after the First World War: This initiative was taken by the Swiss Federal Council, which in 1921 called for a further revision conference of the Berne Convention of 1893. This conference was held in Berne in 1923,[1] and laid the foundations for the Convention in its final form - Uniform Rules concerning the Contract for the International Carriage of Passengers and Luggage by Rail (CIV) and a revision of the Convention on the Carriage of Goods by Rail (CIM). In October 1924, representatives of the member states of the Berne Convention met in the parliament building in Berne to sign the two international legal instruments for the cross-border carriage of goods, on the one hand, as well as for passengers and luggage, on the other hand.
With the signing of the CIV/CIM Conventions, the rail industry initiated a discussion in the International Chamber of Commerce on how international regulations in the transport industry could also be developed across all modes of transport, particularly in combined air and rail transport. As early as February 1928, there were already proposals for such contractual regulations on a national basis, as is shown by documentation. Due to the clear need for international regulations in the transport sector, the International Chamber of Commerce decided to take action, according to a direct communication arising from its meeting on 2 July 1928. The Chamber of Commerce instructed the International Union of Railways (UIC) and the International Air Traffic Association (IATA) as well as the League of Nations' Commission for Transport and Transit to draw up a new type of international agreement that would regulate various kinds of cargo and passengers, mail, and luggage in combined air and rail transport. The drafting process was to focus in particular on the lessons learned from existing international conventions and national regulations.[2] The most important administrative issues to be regulated were already included, such as the use of a single transport document, and special conditions of carriage, responsibilities, as well as insurance, tariffs, and customs issues[3].
Comparison of the regulations:
A direct comparison between the first CIV Convention of 1928 and the Warsaw Convention of 1929 shows that the latter is more concise, but has many parallels. The Warsaw Convention, which is structured according to the guidelines of the International Chamber of Commerce, regulates the carriage of goods, passengers, and luggage (with the exception of mail) in a single document. By contrast, in rail transport, the carriage of passengers and luggage (CIV) and the carriage of goods (CIM) were governed by two separate international agreements. Both conventions were analysed article by article for their similarities in content and related provisions. The similarities between the conventions range from the choice of terminology and definitions of terms to regulations on the contract of carriage and liability provisions.
International carriage
Both conventions first define the conditions of international carriage. Articles 1 and 2 of the Warsaw Convention and Articles 1 and 2 of the CIV specify the circumstances under which carriage is considered to have an international character. This agreement evidences the shared objective of setting clear boundaries for the applicability of the respective regulations, thus creating legal clarity for international transactions.
Contract of carriage and transport documentation
Another key aspect of both conventions is the regulation of the contract of carriage and the required transport documentation. The Warsaw Convention deals with this in Articles 3-6, while the CIV regulates it in Articles 5-8. Both documents specify what information is to be included on flight and rail tickets to ensure the validity of the contracts. The need for detailed documentation underlines the importance of contractual certainty and the provision of evidence in both international transport conventions.
Liability and compensation
A key common focus is on liability and compensation provisions. The Warsaw Convention (Articles 17-22) and the CIV (Articles 28-33) both contain detailed provisions concerning the liability of carriers in the event of death, injury, loss of or damage to luggage, and delays. Both conventions limit the amount of compensation in order to strike a balance between the protection of passengers and the interests of carriers. These regulations are designed to render the risk calculable for both parties and, as far as possible, to avoid lengthy legal disputes.
Linguistic similarities
The wording and structure in both conventions are designed for clarity and precision. Both texts use formal legal language intended to minimise ambiguity of interpretation. For example, both conventions require specific documents for the carriage of luggage, and specify in detail the required information (Warsaw Convention: Art. 4; CIV: Art. 20). The similarities in language emphasise the common principles of legal clarity and reliability in international transport law.
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It can be assumed that the CIV of 1928, which set out the international regulations for the carriage of passengers and luggage by rail, had an influence on the drafting of the Warsaw Convention of 1929. Unfortunately, there are no available media communications on aviation in the source material after 1929 with which to clearly substantiate this hypothesis. However, the clear structure and detailed regulation of liability and transport documentation in the CIV show that it served as a model for the Warsaw Convention. This transfer of proven principles from the rail sector to the air transport sector demonstrates the efforts made at the time to create a uniform legal landscape.
[1] The Berne Convention of 1893, which exclusively regulated the international carriage of goods (CIM), was drawn up in Berne as the forerunner of COTIF 1980. After several attempts and the First World War, the International Convention concerning the Carriage of Passengers and Luggage (CIV) was concluded in 1924.
[2] Nicht amtlicher Teil, Mitteilung des Zentralamtes, in: N°2, Zeitschrift für den internationalen Eisenbahntransport, MONATSCHRIFT des Zentralamt für den internationalen Eisenbahntransport in Bern, Band 37, Februar 1929, Jahrgang XXXVII, S. 64 f.
[3] Nicht amtlicher Teil, Mitteilung des Zentralamtes, in: N°2, Zeitschrift für den internationalen Eisenbahntransport, MONATSCHRIFT des Zentralamt für den internationalen Eisenbahntransport in Bern, Band 37, Februar 1929, Jahrgang XXXVII, S. 66.