A.
Article 8 of the Montreal Convention is indeed an outdated clause. The content originates from Article 7 of the Warsaw Convention where it reads: “The carrier of the cargo has the right to require the consignor to make out separate air waybills when there is more than one package.” which was carried over. In the early days of air transportation, there were no multiple package shipments, and all cargo were single package shipments. A shipment of two or more packages were extremely seldom, and separate AWBs were commonly issued. The Warsaw clause was carried over as is to the Hague Protocol. With the Montreal Additional Protocol No. 4, in Article 7, a second paragraph was added covering the case when document other than an air waybill was used. This appears as paragraph (b) of Article 8 of the Montreal Convention.

As for the Condition of Carriage, each airline makes up their tariff base on the IATA drafted Condition of Carriage adding individual features and submit to the competent authorities of their home country for approval and publication. The first portion of Article 3 (A) (2) of your company’s Condition of Carriage refers to the outdated early days of air transport when cargo were all single package shipments, and the latter portion would be such cases like having AVI or VAL cargo on the same AWB with general cargo. Since the handling is not the same, the airline required the shipper to issue separate AWBs.

The Model Conditions of Carriage drafted by IATA is not a mandatory Resolution which all IATA airlines must follow. It is published as a Recommended Practice No. 1601 which for the smooth handling of interline cargo, all IATA airlines as well as Non-IATA airlines are recommended to adopt. In Article 4 sub-paragraph 4.1 “Air Waybill” it carries the early day clause reading: “Carrier may require the shipper to make out, or have made out on his behalf, separate air waybills when there is more than one package.” Your Company’s Condition of Carriage originates here.

We do not recall any case where we had requested a shipper to issue separate AWBs when there were more than two packages. Under what situation would there be such a case? From the viewpoint of actual cargo handling, whether single or multiple package AWBs, all handling from acceptance, carriage and delivery, we handle all cargo per AWB, and there is no special distinction in handling.
We do not understand the intent of this Article 8. Furthermore, in our company’s Conditions of Carriage – International Cargo there is a clause in Article 3 (a) (2) where it says: “When there are 2 or more packages, and it is not possible to load all packages on one aircraft, or it is against governmental instructions or company policy forbidding carriage on one air waybill, the Company has the right to request the shipper to make out, or have made out separate air waybills”. Kindly enlighten us.