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

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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 Montreal Convention

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800889860
Total Pages : 735 pages
Book Rating : 4.8/5 (8 download)

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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).

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.

Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May 1999 (Montreal Convention of 1999)

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403543213
Total Pages : 894 pages
Book Rating : 4.4/5 (35 download)

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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 Kluwer Law International B.V.. This book was released on 2022-09-23 with total page 894 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.

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.

International Air Carrier Liability

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Publisher : McGill University, University Business Operations
ISBN 13 : 9780771706363
Total Pages : 463 pages
Book Rating : 4.7/5 (63 download)

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Book Synopsis International Air Carrier Liability by : Paul Stephen Dempsey

Download or read book International Air Carrier Liability written by Paul Stephen Dempsey and published by McGill University, University Business Operations. This book was released on 2005 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1999 Montreal Convention came into force on 4 November 2003 and is in force for 66 States - among them almost all the States of major importance in international air transport. In this treatise, the authors present a compact analytical guide to the 1999 Montreal Convention addressing air carrier passenger and cargo liability in international aviation, with informative cross-references to the history of its provisions, similarities and differences with respect to the "Warsaw system", and the leading jurisprudence that has interpreted and applied the different provisions.

Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1802203540
Total Pages : 176 pages
Book Rating : 4.8/5 (22 download)

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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.

Contracts of Carriage by Air

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1135115761
Total Pages : 491 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Contracts of Carriage by Air by : Malcolm A. Clarke

Download or read book Contracts of Carriage by Air written by Malcolm A. Clarke and published by Taylor & Francis. This book was released on 2013-05-02 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air. This book provides you with practical advice and brings you: • An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives. • A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions. • Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention. • Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.

Convenio Para la Unificación de Ciertas Reglas Para El Transporte Aéreo Internacional

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Author :
Publisher : DIANE Publishing
ISBN 13 : 1428990623
Total Pages : 59 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis Convenio Para la Unificación de Ciertas Reglas Para El Transporte Aéreo Internacional by :

Download or read book Convenio Para la Unificación de Ciertas Reglas Para El Transporte Aéreo Internacional written by and published by DIANE Publishing. This book was released on 1999 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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:

Aviation

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Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (646 download)

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Book Synopsis Aviation by :

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:

Labour Relations in Aviation

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545712
Total Pages : 389 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Relations in Aviation by : Jacomo Restellini

Download or read book Labour Relations in Aviation written by Jacomo Restellini and published by Kluwer Law International B.V.. This book was released on 2022-10-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aerospace Law and Policy Series, Volume 23 In an increasingly competitive air transport environment, airlines are forced to adapt their business models, including employment conditions, in order to maintain and possibly enhance their presence in the market. The airline market is cyclical, and each traffic recovery is accompanied by numerous social developments; air laws and social regulations are becoming closer. This practical and thoroughly researched book brings together, for the first time, the topical legal issues relating to the employment of civil aviation personnel. Considering the latest publications, doctrinal opinions, legal bases, and case law, the author and several distinguished contributors cover such issues and topics as the following: EU social regulations in relation to third States; civil aviation safety rules that have an impact on the working conditions of crew members; social security systems applicable to crew members; competent court and labour law applicable to crew members’ employment relationships; key questions pertaining to posting crew members across borders; social issues related to the leasing of aircraft, including crew; data protection of crew members; atypical forms of employment in the aviation industry; right to strike for crew members; employment consequences of transfer of undertakings in civil aviation; and role of trade unions and collective labour agreements in air transport. The author also traces the process of liberalisation of the EU air transport market and its consequences on the operational structures of airlines and on the working conditions of crew members. For ease of reading, the annex to this book contains excerpts of the relevant legal texts. Lawyers, officials, business people, policymakers and academics with a professional interest in aviation law will find concise yet comprehensive guidance in this book that will help them to understand and address social and legal issues in the ever-changing world of aviation.

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.

Multimodal Transport Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132465
Total Pages : 562 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Multimodal Transport Law by : Marian Hoeks

Download or read book Multimodal Transport Law written by Marian Hoeks and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are for the most part taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective or even feasible when it came to perishables to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3 ...

Aircraft Operating Leasing

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041160531
Total Pages : 294 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Aircraft Operating Leasing by : Donal Patrick Hanley

Download or read book Aircraft Operating Leasing written by Donal Patrick Hanley and published by Kluwer Law International B.V.. This book was released on 2017-03-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although aircraft leasing is comparatively young as a commercial activity – less than forty years old in practical terms – already well over a quarter of the world’s commercial aircraft fleet is leased. The legal significance of aircraft leasing is, therefore, growing very quickly. Bringing together the laws affecting both air travel and leasing can, however, be challenging. This book is the first to assume this task in a major focused way, thus providing invaluable expert guidance to practitioners handling aircraft lease agreements as well as to legal academics and students. In this second edition, the author examines the aircraft operating lease from both a legal and practical point of view and contextualizes it in light of the latest public and private international air law agreements, case law, statutes, and regulations from a variety of jurisdictions and current literature in the field: – the obligations and rights of each party; – failure to meet delivery condition before delivery; – standby letters of credit and guarantees; – regulatory constraints concerning aircraft registration or foreign remittances; – manufacturer’s warranties; – possession and replacement of parts and engines; – sub-leasing; – damage to the aircraft and other loss to lessor; – liability for damage to third parties; – safety issues and lessor’s liability for acts of the airline; – the events that will entitle the lessor to terminate the contract and recover its asset; – issues pertaining to enforcement of remedies; and – governing law. The format broadly follows that of a typical aircraft operating lease. The author flags the principal legal issues to be considered in developing a standard form aircraft operating lease and makes recommendations in that regard. His approach balances the desired commercial outcome with the legal, or more theoretical, mandate to apply the law to disputes that may arise. An immensely useful supplement sets out a real example of a form of aircraft operating lease for a used aircraft, as used by a leading commercial aircraft leasing company. As a detailed examination of each part of the lease with particular reference to the impact on each term of relevant case law, statutes, regulations, and international treaties, this work greatly enhances understanding of the legal and practical aspects of the aircraft operating lease.

Aviation Tort and Regulatory Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 1306 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Aviation Tort and Regulatory Law by : Charles F. Krause

Download or read book Aviation Tort and Regulatory Law written by Charles F. Krause and published by . This book was released on 2004 with total page 1306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamentals of Aviation Law

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Author :
Publisher : McGraw Hill Professional
ISBN 13 : 0071491724
Total Pages : 362 pages
Book Rating : 4.0/5 (714 download)

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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