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Aviation Law Cause Of Action Exclusivity In The Warsaw And Montreal Conventions
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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.
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 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in the context of the post-9/11 legal climate, this text introduces all the major areas of aviation, covering such topics as the international air law regime, crimes involving aircraft, international air carriage, litigation management, and governmental immunity from liability.
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.
Author :Henri Abraham Wassenbergh Publisher :Martinus Nijhoff Publishers ISBN 13 :9780792316268 Total Pages :348 pages Book Rating :4.3/5 (162 download)
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.
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:
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).
Book Synopsis Air Passenger Rights by : Michal Bobek
Download or read book Air Passenger Rights written by Michal Bobek and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.
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.
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.
Book Synopsis Aviation Law, Fundamental Cases by :
Download or read book Aviation Law, Fundamental Cases written by and published by . This book was released on 1977 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aviation Law Review written by Sean Gates and published by Law Business Research Ltd.. This book was released on 2017-09-21 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Aviation Law Review, edited by Sean Gates of Gates Aviation LLP, is a vital addition for the libraries of those with commercial, legal or academic interest in international aviation law. Topics examined range from Brexit, the European Aviation Safety Agency, lithium batteries to unmanned aerial vehicles and the regulation that can barely keep up with their proliferation. There are in-depth examinations of aviation in law in 34 jurisdictions with contributors including: USA - Garrett J Fitzpatrick/James W Hunt/Mark Irvine, Fitzpatrick & Hunt, Pagano, Aubert LLP; UK - Robert Lawson, Quadrant Chambers; Spain - Diego Garrigues, The Air Law Firm; Belgium - Cyril-Igor Grigorieff/ Mr Dimitri de Bournonville, Kennedy's
Book Synopsis Asian Yearbook of International Law, Volume 23 (2017) by : Seokwoo Lee
Download or read book Asian Yearbook of International Law, Volume 23 (2017) written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook aims to promote research, studies and writings in the field of international law in Asia, as well as to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues.
Book Synopsis Introduction to Air Law by : Pablo Mendes de Leon
Download or read book Introduction to Air Law written by Pablo Mendes de Leon and published by Kluwer Law International B.V.. This book was released on 2022-08-11 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Aviation Systems by : Andreas Wittmer
Download or read book Aviation Systems written by Andreas Wittmer and published by Springer Science & Business Media. This book was released on 2011-08-17 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide comprehensive coverage of the field of air transportation, giving attention to all major aspects, such as aviation regulation, economics, management and strategy. The book approaches aviation as an interrelated economic system and in so doing presents the “big picture” of aviation in the market economy. It explains the linkages between domains such as politics, society, technology, economy, ecology, regulation and how these influence each other. Examples of airports and airlines, and case studies in each chapter support the application-oriented approach. Students and researchers in business administration with a focus on the aviation industry, as well as professionals in the industry looking to refresh or broaden their knowledge of the field will benefit from this book.
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.
Book Synopsis Fundamentals of Aviation Law by : Raymond C. Speciale
Download or read book Fundamentals of Aviation Law written by Raymond C. Speciale and published by McGraw Hill Professional. This book was released on 2010-06-14 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Case studies for each major topic are supplemented by discussion and questions for classroom review Instructor's CD-ROM contains PowerPoint presentations and chapter outlines
