Author: International Civil Aviation Organization
Publisher:
ISBN:
Category : Aeronautics
Languages : en
Pages : 0

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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: 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: George Leloudas
Publisher: Taylor & Francis
ISBN: 1135136300
Category : Law
Languages : en
Pages : 263

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Book Description
This book is the first attempt to analyse the relevant international conventions governing the liability of airlines to passengers and third parties on the ground from a risk perspective. The book analyses the transformation of the notion of risk over time and identifies the ways and the extent to which social perceptions have influenced the liability of airlines in the aftermath of safety accidents (Warsaw Convention System, Montreal Convention, Rome Convention, and New General Risks Convention) and terrorism related incidents (New Unlawful Interference Convention).

Author:
Publisher:
ISBN:
Category : Aeronautics
Languages : en
Pages : 784

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Author: Cluxton, David
Publisher: Edward Elgar Publishing
ISBN: 1802203540
Category : Law
Languages : en
Pages : 176

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Book Description
This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions.

Author: Duygu Damar
Publisher: Springer Science & Business Media
ISBN: 3642215092
Category : Law
Languages : en
Pages : 333

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Book Description
The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct", which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.

Author: Marjorie Millace Whiteman
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 1320

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Book Description

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: Edwin C. Hoyt
Publisher: Springer Science & Business Media
ISBN: 9401195668
Category : Law
Languages : en
Pages : 274

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Book Description
In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.