Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability PDF Download
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Author: Cyril-Igor Grigorieff
Publisher: Kluwer Law International B.V.
ISBN: 9403537523
Category : Law
Languages : en
Pages : 315
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Book Description
The 1999 Montreal Convention is the most recent in-force treaty to regulate several important aspects of international air carrier liability in a uniform manner. This book examines in detail to what extent the 1999 Montreal Convention’s aim of uniformity has been achieved. To this end, it scrutinizes the exact scope of this aim and analyses the factors that may have prevented it from being fully achieved. It studies the wording of the treaty and its predecessors, their travaux préparatoires, the judicial decisions of numerous civil and common law jurisdictions, as well as various other interpretative tools. Among many others, themes addressed in this study include: exclusivity; the autonomy of terms used; translation issues; accident; bodily injury; damage; delay; consumer rights; the 1969 Vienna Convention on the Law of Treaties; hermeneutics; the Warsaw System; regional air law (including EU Regulation 261/2004); and algorithms. The study also suggests ways to reduce the fragmentation of the 1999 Montreal Convention with a series of directly applicable recommendations, and an analysis of what Artificial Intelligence could mean for the future. This book, which is intended to be practical, is aimed at all lawyers well-versed in aviation law as well as aviation enthusiasts. They will find it a useful tool for interpreting the 1999 Montreal Convention in a manner consistent with its ambition, as well as recent case law from all continents on hot topics.
Author: Cyril-Igor Grigorieff
Publisher: Kluwer Law International B.V.
ISBN: 9403537523
Category : Law
Languages : en
Pages : 315
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Book Description
The 1999 Montreal Convention is the most recent in-force treaty to regulate several important aspects of international air carrier liability in a uniform manner. This book examines in detail to what extent the 1999 Montreal Convention’s aim of uniformity has been achieved. To this end, it scrutinizes the exact scope of this aim and analyses the factors that may have prevented it from being fully achieved. It studies the wording of the treaty and its predecessors, their travaux préparatoires, the judicial decisions of numerous civil and common law jurisdictions, as well as various other interpretative tools. Among many others, themes addressed in this study include: exclusivity; the autonomy of terms used; translation issues; accident; bodily injury; damage; delay; consumer rights; the 1969 Vienna Convention on the Law of Treaties; hermeneutics; the Warsaw System; regional air law (including EU Regulation 261/2004); and algorithms. The study also suggests ways to reduce the fragmentation of the 1999 Montreal Convention with a series of directly applicable recommendations, and an analysis of what Artificial Intelligence could mean for the future. This book, which is intended to be practical, is aimed at all lawyers well-versed in aviation law as well as aviation enthusiasts. They will find it a useful tool for interpreting the 1999 Montreal Convention in a manner consistent with its ambition, as well as recent case law from all continents on hot topics.
Author: Benjamyn I. Scott
Publisher: Taylor & Francis
ISBN: 1040111718
Category : Transportation
Languages : en
Pages : 526
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Book Description
Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book covers the major areas of international aviation law and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the applicable international and, if any, the European legislation. Delivery of these aims is attained through a clear and balanced use of didactic instruments and immediate information. New chapters cover aircraft financing and advanced air mobility, giving this second edition of Fundamentals of International Aviation Law and Policy even greater coverage and depth. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also constitutes a useful reference material for those who are familiar with legal terminology and aviation specifics.
Author: Jacques Hartmann
Publisher: Edward Elgar Publishing
ISBN: 1035312344
Category : Law
Languages : en
Pages : 347
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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline, thanks to generous funding support from the European UnionÕs Horizon 2020 research and innovation programme. This comprehensive book presents a unique and in depth overview of the regulatory frameworks governing Unmanned Aircraft Systems (UAS) across 11 European jurisdictions. It emphasises the complex and evolving nature of aviation law as it is applied to UAS technology and demonstrates the need for a more cohesive legal framework in this sector.
Author: Jacomo Restellini
Publisher: Kluwer Law International B.V.
ISBN: 9403545712
Category : Law
Languages : en
Pages : 389
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Book Description
Aerospace Law and Policy Series, Volume 23 In an increasingly competitive air transport environment, airlines are forced to adapt their business models, including employment conditions, in order to maintain and possibly enhance their presence in the market. The airline market is cyclical, and each traffic recovery is accompanied by numerous social developments; air laws and social regulations are becoming closer. This practical and thoroughly researched book brings together, for the first time, the topical legal issues relating to the employment of civil aviation personnel. Considering the latest publications, doctrinal opinions, legal bases, and case law, the author and several distinguished contributors cover such issues and topics as the following: EU social regulations in relation to third States; civil aviation safety rules that have an impact on the working conditions of crew members; social security systems applicable to crew members; competent court and labour law applicable to crew members’ employment relationships; key questions pertaining to posting crew members across borders; social issues related to the leasing of aircraft, including crew; data protection of crew members; atypical forms of employment in the aviation industry; right to strike for crew members; employment consequences of transfer of undertakings in civil aviation; and role of trade unions and collective labour agreements in air transport. The author also traces the process of liberalisation of the EU air transport market and its consequences on the operational structures of airlines and on the working conditions of crew members. For ease of reading, the annex to this book contains excerpts of the relevant legal texts. Lawyers, officials, business people, policymakers and academics with a professional interest in aviation law will find concise yet comprehensive guidance in this book that will help them to understand and address social and legal issues in the ever-changing world of aviation.
Author: Gabrielle Leterre
Publisher: Kluwer Law International B.V.
ISBN: 9403533277
Category : Law
Languages : en
Pages : 321
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Book Description
Aerospace Law and Policy Series Space resource activities—better known as “space mining”—is the next step in humankind’s utilization of outer space. Previous space activities have belatedly caused us to realize that fragile environments do not end with Earth’s atmosphere. Today, the most striking problem is the agglomeration and increasing generation of nonfunctional space objects (space debris) in orbit. Tomorrow, with the development of new space activities, unanticipated environmental problems will arise beyond Earth orbit. This book seeks to anticipate the inevitable legal framework that will need to be put in place and, in particular, considers the necessity to create legal standards to support the environmental sustainability of space resource activities. To that end, the book assesses the efficiency of existing space law in addressing environmental threats and reflects on the potential contribution international environmental law can offer. The array of applicable mechanisms considered includes a detailed examination of the following: what kind of environmental problems may arise from space resource activities; which norms of international law are relevant in addressing these threats within the framework of sustainability; the United Nations Space Treaties; domestic space legislations that directly address space resource activities or that are particularly significant from an environmental perspective; and soft law, especially instruments and guidelines from international organizations acting in the space sector, such as the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and the Committee on Space Research (COSPAR). Contrary to a common idea, space resources—such as the ones found in situ on celestial bodies—are limited and need to be managed rationally. It is indubitable that activities beyond Earth orbit will have an impact on the surrounding environment, raising a host of potential issues, which go beyond the question of debris, such as contamination and the risk of overexploitation. Ultimately, this book drafts the roadmap for the environmentally sustainable exploitation of space resources from a legal standpoint and proposes a sustainability framework articulated around a set of standards. Concerned lawyers and policymakers worldwide will greatly appreciate the book’s set of objective standards and concrete measures. This practical approach, which includes the comprehensive review of instruments governing space activities, will lead them to navigate with assurance the different normative levels of legal action for astro-environmentalism.
Author: George Leloudas
Publisher: Edward Elgar Publishing
ISBN: 1800889860
Category : Law
Languages : en
Pages : 735
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Book Description
This unparalleled reference work on airline liability is written and edited by internationally revered experts and presents a comprehensive, article-by-article analysis of the Montreal Convention 1999 (MC99).
Author: Pablo Mendes de Leon
Publisher: Kluwer Law International B.V.
ISBN: 9403547332
Category : Law
Languages : en
Pages : 573
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Book Description
The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.
Author: George N. Tompkins
Publisher: Kluwer Law International B.V.
ISBN: 9041126465
Category : Law
Languages : en
Pages : 474
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Book Description
Law clerks, students and teachers.
Author: Chia-Jui Cheng
Publisher: BRILL
ISBN: 9004345140
Category : Law
Languages : en
Pages : 1281
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Book Description
Studies in International Air Law: Selected Works of Bin Cheng brings together for the first time the most influential of his many significant works. The selected essays, collected by editor Professor Cheng Chia-Jui, provide a comprehensive survey of international air law, authoritative and pioneering analyses of international air transport, the legal status of aircraft and crimes on board and against aircraft and air carrier’s liability. Widely acknowledged as the "Father of International Air Law,” Studies in International Air Law reveals the author’s enormous contributions to the science of air law along with his extraordinary intellectual and analytical spirit.
Author: Marian Hoeks
Publisher: Kluwer Law International B.V.
ISBN: 9041132465
Category : Law
Languages : en
Pages : 562
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Book Description
We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are for the most part taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective or even feasible when it came to perishables to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3 ...
