Viewing page 84 of 91

This transcription has been completed. Contact us with corrections.

13

tween the nations involved and its initial resolution would be bottomed on the practicality of diplomacy rather than law. However, the U.S. law and regulations clearly require public access to accident information in such form as manner as the government deems appropriate. Since there is no treat obligation to the contrary, I should think that the question would turn on the separation of powers balance between the effect of the legislative requirement and the executive authority in international affairs. Diplomacy notwithstanding, there has been and will continue to be vital information which is available through discovery. The attorney's basic working tools will still be the depositions, production of documents and interrogatories by and to the aircraft manufacturer and the foreign airline that does business in the United States. Discovery will continue to be the most fruitful source of information. 

What to Look For

Initial evaluation must include a determination of the nationality of the airline, aircraft, crew and the manufacturer of the aircraft. 

Nationality

The airline's nationality is a factor in ascertaining the application of international rules. It should first be determined if the parent nation is a signatory to ICAO and the Warsaw Convention. Time does not permit discussions of the intricacies of Warsaw and I would not presume to accomplish that task with such acknowledged experts as Ted Walcott and Jack Kennelly available on this panel. In any event, "Warsaw" must be considered in any international accident. Having determined the airline's country as signatory to ICAO, it is important to determine whether or not that Nation has filed any "notice of differences" to the