A Fragmented Legal Regime of Air Carrier Liability in International Transportation of Passengers PDF Download

Author: Aleksandra Puscinska
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
"The proliferation of regional and national consumer protection regimes is a direct result of the continuously growing demand for passenger air travel and an increasing number of flight disruptions. The existing legal framework of rules on air carrier liability in international transportation of passengers explicitly governs 'damage occasioned by delay', but it is unclear whether it also applies to flight cancellations and denied boarding. While a certain degree of fragmentation is an inherent characteristic of a pluralist legal system, a plethora of applicable rules may result in overlapping provisions and conflicting obligations. This Thesis first discusses the issue of fragmentation of rules on delay, cancellation, and denied boarding in the context of private international air law conventions unifying certain rules applicable to international carriage by air, namely the constitutive instruments of the Warsaw System, and the 1999 Montreal Convention. It then examines a regional regime for air passenger protection established by the European Union, and relevant national rules adopted in the United States. The dissertation evaluates if, and to what extent, the objective of complementing the existing international conventional law has been achieved, and highlights the areas of regulatory overlap, duplication, or conflict between the applicable laws. Finally, the paper conducts a critical assessment of the International Civil Aviation Organisation's role in fostering common regulatory approaches to consumer protection in air transport. The analysis of the research presented in this paper suggests that, at the present time, there is no need for a new convention on air passenger rights. Instead, the global community should encourage States to ratify the Montreal Convention of 1999 and strive for a regulatory convergence in developing compatible regional and national systems, based on common standards and preserving an equitable balance of interests, in keeping with the spirit of the 1999 Montreal Convention, as expressed in its preamble." --

Author: David Hodgkinson
Publisher: Routledge
ISBN: 1315514311
Category : Law
Languages : en
Pages : 366

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Book Description
International Air Carrier Liability brings together essential treaties and airline-to-airline agreements on air carrier liability, safety and security, and supplements these with expert commentary and analysis. The examination considers the general regulatory framework of international civil aviation (including the Chicago Convention and related documents) and how the liability regime fits within that framework. The book is divided into three parts: dealing in turn with liability, safety and security, and civil aviation regulation. Part I, for example, provides comment and analysis of the international air-carrier liability regime, how the main liability conventions operate, and the application of these conventions to international carriage by air (passengers, baggage and cargo). Given its subject matter and the universal state party participation in these conventions, this book has truly global application. David Hodgkinson and Rebecca Johnston aim to provide a reference aid for legal practitioners (at law firms, airlines, manufacturers, aviation-related corporations and government departments and agencies), as well as academics, students (undergraduate and post graduate) and government officials regarding treaties, domestic laws and documents concerned with these vital legal issues.

Author: P. D. Dagtoglou
Publisher: Kluwer Law International B.V.
ISBN: 9041105425
Category : Law
Languages : en
Pages : 110

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Book Description
Liability and claims handling have always been at the focus of attention for many aviation lawyers, be it in private practice, with airlines or insurers, manufacturers, airport operators, national governments and international organisations or in academia. The European Air Law Association (EALA) organised a seminar in Munich which provide an opportunity to discuss all aspects of this area of the law.

Author: Patrick Zeuner
Publisher: GRIN Verlag
ISBN: 3638947718
Category : Business & Economics
Languages : en
Pages : 29

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Book Description
Seminar paper from the year 2008 in the subject Business economics - Law, grade: 1,3, University of Applied Sciences Wildau (WIT Wildau), course: Aviation Law, 12 entries in the bibliography, language: English, abstract: Abstract: The developments of more than hundred years of aviation history have lead to a framework of laws on different aspects of the aviation industry. For the people aboard the flying aircraft, different rules are applied as compared on land. Within the field of aviation, the air is the major space touched. But because until the 20th century nobody was able to control an air vehicle, no conflicts erased for intra- or crossborder air traffic. This circumstance changed quickly. Only 16 years after the remarkable milestone of the first engine-powered flight by the Wright brothers from 1903, the growing importance of air travel lead to the first international agreements for air transport. When in 1919 the first scheduled air service between Paris and London came into operation, the necessity for air regulations was an incontrovertible fact. The first agreement was written down in the Paris Convention, which was held in the same year and ratified from 32 nations. The major result of the convention was the recognition of exclusive sovereignty for the states over their airspace, which is still the applied principle today. The agreement also included the first definition of the term aircraft and annexes for technical standards. Nowadays two distinct areas of air law can be differentiated. The international public air law is dealing with rights and obligations of nations in the field of civil aviation. The international private air law governs legal issues for private entities within international air transport, regulating mainly the relation between air carriers and private individuals and cargo shippers. This paper will focus on those aspects. It will give insights of the major milestones of private international air law like the Warsaw System created

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: 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: Patrick Zeuner
Publisher: GRIN Verlag
ISBN: 3638056759
Category : Business & Economics
Languages : en
Pages : 22

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Book Description
Seminar paper from the year 2008 in the subject Business economics - Law, grade: 1,3, University of Applied Sciences Wildau (WIT Wildau), course: Aviation Law, language: English, abstract: Abstract: The developments of more than hundred years of aviation history have lead to a framework of laws on different aspects of the aviation industry. For the people aboard the flying aircraft, different rules are applied as compared on land. Within the field of aviation, the air is the major space touched. But because until the 20th century nobody was able to control an air vehicle, no conflicts erased for intra- or crossborder air traffic. This circumstance changed quickly. Only 16 years after the remarkable milestone of the first engine-powered flight by the Wright brothers from 1903, the growing importance of air travel lead to the first international agreements for air transport. When in 1919 the first scheduled air service between Paris and London came into operation, the necessity for air regulations was an incontrovertible fact. The first agreement was written down in the Paris Convention, which was held in the same year and ratified from 32 nations. The major result of the convention was the recognition of exclusive sovereignty for the states over their airspace, which is still the applied principle today. The agreement also included the first definition of the term aircraft and annexes for technical standards. Nowadays two distinct areas of air law can be differentiated. The international public air law is dealing with rights and obligations of nations in the field of civil aviation. The international private air law governs legal issues for private entities within international air transport, regulating mainly the relation between air carriers and private individuals and cargo shippers. This paper will focus on those aspects. It will give insights of the major milestones of private international air law like the Warsaw System created in 1929, analyze the necessities for the creation of the Montreal Convention of 1999 and give information on its content. Furthermore a special focus will be established on the liability regimes of the two conventions.

Author: Sascha Hissler
Publisher: GRIN Verlag
ISBN: 3640391217
Category : Law
Languages : en
Pages : 20

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Book Description
Seminar paper from the year 2009 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,3, University of Applied Sciences Wildau (Wildau Institute of Technology (WIT)), course: Aviation Management, language: English, abstract: Law in general is subdivided in two parts: in public law and in private law. Public law governs the relationship between individuals and the states whereas private law regulates the relationship between individuals. When it comes to the laws ruling the aviation world, we also have to divide into these two parts: the public international air law represented in general by the Chicago Convention (formally „The Convention on International Civil Aviation“ done at Chicago on 7 December 1944) and on the other side the private international air law, mainly represented through the Montreal Convention (formally „Convention for the Unification of Certain Rules for the International Carriage by Air“). The latter represents the liability law in international air transport, regulating the relationship between an air carrier and its customer, passenger, consignor or cargo shipper. It is supposed to replace the Warsaw Convention of 1929 which sets compensation levels for victims of air accidents, as well as liability for damage, delay or loss of baggage and cargo. This paper describes first the historical way the Convention developed from Warsaw to Montreal and then goes into detail of the Montreal Convention with its achievements and deficiencies. By quoting from the original, it is written very close to the wording of the Convention, emphasizing the parallels and differences of the Warsaw and the Montreal Convention. Structuring: Abbreviations Introduction History The Warsaw System The Montreal Convention 1999 Achievements Deficiencies Conclusion Literature Internet-Sources

Author: Elmar Giemulla
Publisher: Kluwer Law International B.V.
ISBN: 9403543213
Category : Law
Languages : en
Pages : 894

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Book Description
After decades of controversy, a unified liability system for international carriage by air was established by the Montreal Convention of 1999, which went into force in November 2003. The new convention replaced the legal labyrinth created by the numerous perplexing accretions that had attached themselves to the Warsaw Convention. In this indispensable volume, air law professionals will find the full English text of the Convention with detailed article-by-article annotation, including all developments to date in case law, legal literature, national and international legislation, and administrative law. The commentary covers ongoing developments in such crucial aspects as the following: applicability of the Convention; documents for carriage; liability for death or injury of passengers; liability for damages to baggage and cargo and for delay; exoneration from liability; carriage involving a contractual and an actual carrier; time limits for filing a claim and forfeiture; jurisdiction; exclusivity of the Convention versus applicability of national law; and insurance issues. In addition to the article-by-article annotation, the book features such useful information as a synopsis comparing the Warsaw and Montreal Conventions, IATA Conditions and Resolutions, relevant European Union Regulations, and a list of the contracting parties to the Convention. Given that the Montreal Convention’s application during its first 20 years has already documented a promising and forceful new beginning in the complex area of air transport liability, this incomparable research tool will provide an enormous wealth of information and guidance for anyone who deals with legal issues arising from civil air law, including lawyers, policymakers, insurers and academics.

Author: Ruwantissa Abeyratne
Publisher: Springer
ISBN: 3030183912
Category : Law
Languages : en
Pages : 315

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Book Description
Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committee’s purview. This book analyzes in detail the items being considered by ICAO’s Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAO’s scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.