The Liability Regimes in International Air Transportation

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Publisher :
ISBN 13 : 9783656637875
Total Pages : 28 pages
Book Rating : 4.6/5 (378 download)

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Book Synopsis The Liability Regimes in International Air Transportation by : Tim Wiebusch

Download or read book The Liability Regimes in International Air Transportation written by Tim Wiebusch and published by . This book was released on 2014-05-07 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - Miscellaneous, course: Aviation Management Master, language: English, abstract: This 15 pages term paper deals with today's liability rules for passengers, cargo and baggage but also shows the historic development from almost no carrier liability to partly unlimited responsibility. This information is of utmost importance for people working in the aviation industry but also very benefitial for passengers in order to understand their rights. The paper also illustrates some European adjustments to the Montreal Conventions and gives an outlook of future liability relevance.

Liability Regimes in International Air Transportation

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Publisher : GRIN Verlag
ISBN 13 : 3656513678
Total Pages : 22 pages
Book Rating : 4.6/5 (565 download)

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Book Synopsis Liability Regimes in International Air Transportation by : Sebastian Wagner

Download or read book Liability Regimes in International Air Transportation written by Sebastian Wagner and published by GRIN Verlag. This book was released on 2013-10-08 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2013 in the subject Law - Miscellaneous, grade: 1,0, University of Applied Sciences Wildau (Wildau Institute of Technology), course: Aviation Management - The Law of International Carriage by Air, language: English, abstract: The invention of aircraft is a magnificent piece of technology, which is a result of a long pro-cess of human effort. With the use aircraft for military purposes during World War I it was shown that aviation had great potential even in time of peace. The essential role of aviation industry in everyone’s life does not need any further explanation. Today's generations and those of the future have a quite natural interest in its development and safety. While flying offers various opportunities to mankind, at the same time, it is still a risky activity and acci-dents can be absolutely devastating. Even if aviation stands for one of the safest modes of transport, incidents will occur and people and airfreight will get damaged. The mentioned facts and the growing number and use of aircraft called for some kind of international regu-lation of aviation since from the very beginning (McNair 1964, p. 9). In general aviation is a global business, which creates a need for international common rules. Over the years there have been quite many attempts to hold an international convention on the area. It was from upmost importance to create an adequate and uniform compensation system for the passengers and cargo but at the same to protect the infant aviation industry (Paulsson 2009, p. 6). The subject of this paper is the regime of passenger liability in private international air law. This regime of liability is based on two global legal systems, represented by the ageing Warsaw System created from 1929 and the new Montreal Convention of 1999. The historical development and explanation of both systems, including their amendments and supplemen-tary instruments, acts as basis for this project paper. In a second step I am going to deduce the necessities for the creation of the Montreal Con-vention. Then I will go into detail of its achievements and deficiencies concerning passenger liability in private international air law. Finally the paper is closing with a short summery of the development of the general and in particular the legal liability issues of both main Conventions.

International Air Carrier Liability

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Author :
Publisher : Routledge
ISBN 13 : 1315514311
Total Pages : 366 pages
Book Rating : 4.3/5 (155 download)

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Book Synopsis International Air Carrier Liability by : David Hodgkinson

Download or read book International Air Carrier Liability written by David Hodgkinson and published by Routledge. This book was released on 2016-11-10 with total page 366 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.

The law of international carriage by air

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3638056759
Total Pages : 22 pages
Book Rating : 4.6/5 (38 download)

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Book Synopsis The law of international carriage by air by : Patrick Zeuner

Download or read book The law of international carriage by air written by Patrick Zeuner and published by GRIN Verlag. This book was released on 2008-06-02 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Airline Liability : A Seminar on Liability and Claims Handling in the Airline and Aeropsace Industries

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041105425
Total Pages : 110 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Airline Liability : A Seminar on Liability and Claims Handling in the Airline and Aeropsace Industries by : P. D. Dagtoglou

Download or read book Airline Liability : A Seminar on Liability and Claims Handling in the Airline and Aeropsace Industries written by P. D. Dagtoglou and published by Kluwer Law International B.V.. This book was released on 1997-01-01 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126465
Total Pages : 474 pages
Book Rating : 4.0/5 (411 download)

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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 Liability Regime of the International Air Carrier

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Author :
Publisher :
ISBN 13 :
Total Pages : 259 pages
Book Rating : 4.:/5 (919 download)

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Book Synopsis The Liability Regime of the International Air Carrier by :

Download or read book The Liability Regime of the International Air Carrier written by and published by . This book was released on 1981 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of International Carriage by Air

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3638947718
Total Pages : 29 pages
Book Rating : 4.6/5 (389 download)

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Book Synopsis The Law of International Carriage by Air by : Patrick Zeuner

Download or read book The Law of International Carriage by Air written by Patrick Zeuner and published by GRIN Verlag. This book was released on 2008-06 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Limitation of Liabilities in International Air Law

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Author :
Publisher : Springer
ISBN 13 : 9401761272
Total Pages : 415 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Limitation of Liabilities in International Air Law by : Huibert Drion

Download or read book Limitation of Liabilities in International Air Law written by Huibert Drion and published by Springer. This book was released on 2013-11-11 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Risk and Liability in Air Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1135136378
Total Pages : 355 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Risk and Liability in Air Law by : George Leloudas

Download or read book Risk and Liability in Air Law written by George Leloudas and published by Taylor & Francis. This book was released on 2013-05-02 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Introduction to Air Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547332
Total Pages : 573 pages
Book Rating : 4.4/5 (35 download)

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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.

Essential Documents on International Air Carrier Liability

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Author :
Publisher :
ISBN 13 : 9789291712373
Total Pages : 152 pages
Book Rating : 4.7/5 (123 download)

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Book Synopsis Essential Documents on International Air Carrier Liability by :

Download or read book Essential Documents on International Air Carrier Liability written by and published by . This book was released on 1999 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537523
Total Pages : 315 pages
Book Rating : 4.4/5 (35 download)

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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.

The Liability Law in International Air Transport

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3640391217
Total Pages : 20 pages
Book Rating : 4.6/5 (43 download)

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Book Synopsis The Liability Law in International Air Transport by : Sascha Hissler

Download or read book The Liability Law in International Air Transport written by Sascha Hissler and published by GRIN Verlag. This book was released on 2009-08-04 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

International and EU Aviation Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126457
Total Pages : 818 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International and EU Aviation Law by : Elmar Maria Giemulla

Download or read book International and EU Aviation Law written by Elmar Maria Giemulla and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an extraordinary wealth of information, from the ground up, of the law governing and regulating air transport today, with a strong emphasis on international aviation. A team of distinguished authors in the field of aviation law provide a cogent synthesis from which sound legal opinions and strategies of legal action may be confidently built. Among the many topics here in depth are the following: definition and classification of airspace; distinction between civil and state aircraft; air navigation and air traffic control services; airport charges and overflight charges; structure of ICAO; standard-setting functions and audit functions of ICAO; functions of the International Air Transport Association (IATA); policy and effects of deregulation and liberalization of air transport policy; the International Registry for Aircraft Equipment; air carrier liability regimes and claims procedure; measures to combat aviation terrorism, air piracy and sabotage; and the Open Skies Agreements. This publication cites significant legislation and court rulings, including from the United States and the European Union, where far-reaching measures on market access, competition and passenger rights have set trends for other regions of the world. The special case of Latin America has a chapter to itself. At a time when commercial aircraft have been used as lethal weapons for the first time, aviation law finds itself in the front line of responsibility for maintaining global aviation security.

Studies in International Air Law

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Author :
Publisher : BRILL
ISBN 13 : 9004345140
Total Pages : 1281 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Studies in International Air Law by : Chia-Jui Cheng

Download or read book Studies in International Air Law written by Chia-Jui Cheng and published by BRILL. This book was released on 2017-11-01 with total page 1281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Liability Law in International Air Transport

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3640391020
Total Pages : 37 pages
Book Rating : 4.6/5 (43 download)

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Book Synopsis The Liability Law in International Air Transport by : Sascha Hissler

Download or read book The Liability Law in International Air Transport written by Sascha Hissler and published by GRIN Verlag. This book was released on 2009-08 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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