§ 1 General Provisions
Judgments of the courts of foreign nations are not entitled to full faith and credit in courts of the United States. U.S. Const. Art. IV, § 1; A.S.C.A. § 43.1702. In re Petition of Puailoa, 13 A.S.R.2d 22.
Judgments of the courts of foreign nations may be recognized in American Samoa under the doctrine of comity, by which a nation recognizes in its territory the legal acts of another nation with due regard both to international duty and convenience and to the rights of persons protected by its laws. In re Petition of Puailoa, 13 A.S.R.2d 22.
Recognition of any particular judgment of a foreign court depends on wide ranging local policy considerations, including whether the foreign proceeding comports with due process requirements. In re Petition of Puailoa, 13 A.S.R.2d 22.
The basis of the United States' immigration laws is the right of independent nation-states to protect their political institutions, their people, and their independent existence by legally and forcibly excluding undesirable foreigners. American Samoa Government v. Falefatu, 17 A.S.R.2d 114.
The Uniform Customs and Practice for Documentary Credits embodies an effort by international bankers at consensual regulation. Amerika Samoa Bank v. Pacific Reliant Industries, 20 A.S.R.2d 102.
The Uniform Customs and Practice for Documentary Credits (UCP) 16(e) addresses only notice, and does not limit the issuing bank's liability to the party which actually presents the documents. Amerika Samoa Bank v. Pacific Reliant Industries, 20 A.S.R.2d 102.
§ 2 Air Transportation
Rules of liability established by the Warsaw Convention apply to "international transportation," that is, to air transportation between one signatory country and another. Warsaw Convention, art. 1(2). American Samoa Government ex rel. Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
In order to effectuate its drafters' intent to foster international air transportation by creating uniform rules of liability, the Warsaw Convention should be read to create its own cause of action for loss of baggage, so that whether particular damage occasioned by loss of baggage is compensable depends on construction of the Convention and not on internal law of signatory countries. Warsaw Convention art. 18(1). Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
Provision of the Warsaw Convention creating liability for "damage sustained by" loss of baggage, and containing no language limiting the amount of recovery to the value of the lost baggage or to "foreseeable" damages, should be construed to allow recovery of consequential damages occasioned by loss of baggage. Warsaw Convention art. 18(1). Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
Under provision of the Warsaw Convention which, unlike the common law, allows recovery of consequential damages whether or not they were foreseeable, passenger's purchase of a battery pack for use during his trip to replace one lost by defendant airline constitutes compensable damage even though the lost battery pack belonged to plaintiff's employer and not to plaintiff. Warsaw Convention art. 18(1). Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
Terms of air carriage contract which were inconsistent with Warsaw Convention were void, because the contract itself so provided and also because treaty obligations are the supreme law of the land and therefore supersede private contracts. U.S. Const. art. VI. Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
Airline's disclaimer of liability for "valuable items" such as video equipment is unenforceable in light of Warsaw Convention clause that nullifies contractual provisions "tending to relieve the carrier of liability or to fix a lower limit" than that allowed by the Convention. Warsaw Convention art. 23. Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
Warsaw Convention limits liability for lost baggage to $9.07 per pound. Warsaw Convention art. 22(4). Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.
Under Warsaw Convention where carrier's liability for lost baggage depends on weight, defendant airline has the burden of proving weight of the lost bag, and in the absence of such proof court will assume the bag weighed seventy pounds, the maximum amount the contract allowed passenger to carry in one bag. Langford v. Hawaiian Airlines, Inc., 10 A.S.R.2d 1.