Liability Rules Applicable to International Air Transportation as Developed by the Courts in the United States PDF Download

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: 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: Jiang Bo
Publisher:
ISBN:
Category : Aeronautics
Languages : en
Pages : 724

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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: Jagdish Chander Batra
Publisher: Reliance Publishing House
ISBN: 9788175101623
Category : Aeronautics, Commercial
Languages : en
Pages : 206

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Book Description
The Indian epic Ramayana contains the description of an aircraft known as Pushpak Vimana in which Lord Rama returned to his Kingdom at Ayodhya by travelling by air from Lanka, after winning the war and destroying the demon King Ravana. This may be a myth but a myth is a result of the human thought fossils because they teach us in allegories and symbols the story of cultures and civilisations that preceded ours. Apparently, the present day aviation is the outcome of the past geniuses.International Air Law has assumed great importance since the sudden increase in the International Air transport during the twentieth century.The protection of the passengers was provided for, in the Warsaw Convention 1929. The airline industry was protected by limiting the liability of the Air Carrier under the International Law of Civil Aviation.The tragic event of 11 September 2001 whereby the twin World Trade Towers of New York were blown off by the hijacked aeroplanes, has been the greatest set back to the growing air transportation since then

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: 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: 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: 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: 3640391020
Category : Law
Languages : en
Pages : 37

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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