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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.
Book Synopsis Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions by : Cluxton, David
Download or read book Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions written by Cluxton, David and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability by : Cyril-Igor Grigorieff
Download or read book Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability written by Cyril-Igor Grigorieff and published by Kluwer Law International B.V.. This book was released on 2022-05-12 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Liability Rules Applicable to International Air Transportation as Developed by the Courts in the United States by : George N. Tompkins
Download or read book Liability Rules Applicable to International Air Transportation as Developed by the Courts in the United States written by George N. Tompkins and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law clerks, students and teachers.
The flying public, airlines, and governments will all agree on one date that changed commercial flying: that was September 11, 2001. The first edition of Aviation Law: Cases, Laws and Related Sources, described early consequences of that event, particularly compensation of victims and early tightening of aviation security. Subsequently laws and regulations affecting all aspects of aviation changed so rapidly that it became difficult to set a cut-off date for the second edition. The rapid flow of events made an update urgent. Several gaps in the materials of the first edition became evident as the book was used. The authors filled those gaps, pruned old materials and added much new material describing not only the later developments, but also evolving economics and flight technology. The objective of the case book is to offer a basic handbook for air law practitioners providing them with a starting point for almost any subject they may encounter. For example, a lawyer specializing in liability law will quickly be able to find basic materials on the International Civil Aviation Organization (ICAO), air carrier licensing, FAA certification, and labor law. The book continues to present aviation law from the American point of view. Thus the book will be valuable for foreign air lawyers who are guiding foreign airlines in service to the very important North American pool of air traffic. The book also explains the international scene to American air lawyers so that they may guide their clients who provide foreign service. New chapters on liability for cargo damage and for ground damages have been added and new materials on the legal rights of lessors, successors, actual carriers and code-shares. A chapter on environmental regulation of aviation noise and emissions is also new. All the main subjects listed in the first edition are significantly updated. The three authors are veteran transportation lawyers and continue their activities in this field.
Book Synopsis Aviation Law: Cases, Laws and Related Sources by : Paul B. Larsen
Download or read book Aviation Law: Cases, Laws and Related Sources written by Paul B. Larsen and published by Martinus Nijhoff Publishers. This book was released on 2012-06-07 with total page 1395 pages. Available in PDF, EPUB and Kindle. Book excerpt: The flying public, airlines, and governments will all agree on one date that changed commercial flying: that was September 11, 2001. The first edition of Aviation Law: Cases, Laws and Related Sources, described early consequences of that event, particularly compensation of victims and early tightening of aviation security. Subsequently laws and regulations affecting all aspects of aviation changed so rapidly that it became difficult to set a cut-off date for the second edition. The rapid flow of events made an update urgent. Several gaps in the materials of the first edition became evident as the book was used. The authors filled those gaps, pruned old materials and added much new material describing not only the later developments, but also evolving economics and flight technology. The objective of the case book is to offer a basic handbook for air law practitioners providing them with a starting point for almost any subject they may encounter. For example, a lawyer specializing in liability law will quickly be able to find basic materials on the International Civil Aviation Organization (ICAO), air carrier licensing, FAA certification, and labor law. The book continues to present aviation law from the American point of view. Thus the book will be valuable for foreign air lawyers who are guiding foreign airlines in service to the very important North American pool of air traffic. The book also explains the international scene to American air lawyers so that they may guide their clients who provide foreign service. New chapters on liability for cargo damage and for ground damages have been added and new materials on the legal rights of lessors, successors, actual carriers and code-shares. A chapter on environmental regulation of aviation noise and emissions is also new. All the main subjects listed in the first edition are significantly updated. The three authors are veteran transportation lawyers and continue their activities in this field.
The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law. By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career. "Air and Space Law: De Lege Ferenda" will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.
Book Synopsis Air and Space Law by : Henri Abraham Wassenbergh
Download or read book Air and Space Law written by Henri Abraham Wassenbergh and published by Martinus Nijhoff Publishers. This book was released on 1992-06-18 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this unique volume is twofold. First and foremost, it sets out to offer the reader a comprehensive and challenging view, from some of the most distinguished scholars in the field, of present and future trends and issues in the fields of international air and space law. By breaking new ground in this way, it pays tribute to the scholarly achievements of Henri (Or) Wassenbergh, whose ideas and work have helped to shape both air and space law throughout his long and distinguished career. "Air and Space Law: De Lege Ferenda" will be of interest to all those concerned with the present status of air and space law, and with the challenges the aviation and space industry must face in the century to come.
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.
Book Synopsis International Air Carrier Liability by : David Hodgkinson
Download or read book International Air Carrier Liability written by David Hodgkinson and published by Taylor & Francis. This book was released on 2016-11-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Aviation written by and published by . This book was released on 2003* with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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).
Book Synopsis The Montreal Convention by : George Leloudas
Download or read book The Montreal Convention written by George Leloudas and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
The book gives a comprehensive overview of the American & German constitutional regimes of affirmative action for women. It describes international & European Community rules which encourage & limit affirmative action taken by States. Comparison of the legal orders reveals a paradox. Affirmative action for women in America has existed longer & is more widespread & more institutionalized, although the spirit of the American Constitution conflicts with such policies more than the German Constitution. The American Constitution contains no clause explicitly guaranteeing gender equality. It establishes a principle of containment, that the government is prohibited from certain action, & does not acknowledge positive governmental duties. Individual freedom is of primary importance, & the socially dependent nature of the individual is barely recognized. In contrast, the German Constitution contains a gender-specific equality clause, Article 3(2) (passed in 1949 & amended in 1994), which is interpreted by some to allow quotas as a form of preferential treatment. German constitutional law also includes the principle that the state has affirmative duties, the principle of the social state ( Sozialstaat ), & the merit principle for hiring & promotion within the civil service. The discrepancy between policy & constitutional principle suggests that the formulation of policy is driven less by constitutional principles than by exterior elements such as the political & social situation, which apparently have led the United States to implement affirmative action despite a relatively weak constitutional basis & Germany to refrain from implementing affirmative action despite relatively strong constitutional support. The book also inquires into the utility of comparative law, its scope & its limits. It concludes that one should not overestimate the utility of comparative law as a tool of social engineering that prepares the adaptation of foreign policies to solve the apparently similar problems of different countries. The strength of comparative law lies rather in its critical potential. Thus, legal comparison mirrors the limits of law as a vehicle of social reform limits particularly obvious in the context of overcoming discrimination against women.
Book Synopsis The Warsaw Convention Annotated by : Lawrence B. Goldhirsch
Download or read book The Warsaw Convention Annotated written by Lawrence B. Goldhirsch and published by Martinus Nijhoff Publishers. This book was released on 1988-11-02 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives a comprehensive overview of the American & German constitutional regimes of affirmative action for women. It describes international & European Community rules which encourage & limit affirmative action taken by States. Comparison of the legal orders reveals a paradox. Affirmative action for women in America has existed longer & is more widespread & more institutionalized, although the spirit of the American Constitution conflicts with such policies more than the German Constitution. The American Constitution contains no clause explicitly guaranteeing gender equality. It establishes a principle of containment, that the government is prohibited from certain action, & does not acknowledge positive governmental duties. Individual freedom is of primary importance, & the socially dependent nature of the individual is barely recognized. In contrast, the German Constitution contains a gender-specific equality clause, Article 3(2) (passed in 1949 & amended in 1994), which is interpreted by some to allow quotas as a form of preferential treatment. German constitutional law also includes the principle that the state has affirmative duties, the principle of the social state ( Sozialstaat ), & the merit principle for hiring & promotion within the civil service. The discrepancy between policy & constitutional principle suggests that the formulation of policy is driven less by constitutional principles than by exterior elements such as the political & social situation, which apparently have led the United States to implement affirmative action despite a relatively weak constitutional basis & Germany to refrain from implementing affirmative action despite relatively strong constitutional support. The book also inquires into the utility of comparative law, its scope & its limits. It concludes that one should not overestimate the utility of comparative law as a tool of social engineering that prepares the adaptation of foreign policies to solve the apparently similar problems of different countries. The strength of comparative law lies rather in its critical potential. Thus, legal comparison mirrors the limits of law as a vehicle of social reform limits particularly obvious in the context of overcoming discrimination against women.
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.
Book Synopsis Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May 1999 (Montreal Convention Of 1999) by : Elmar Giemulla
Download or read book Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May 1999 (Montreal Convention Of 1999) written by Elmar Giemulla and published by . This book was released on 2022-09-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
