The Liability Regime Of The International Air Carrier

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International Air Carrier Liability

Author : David Hodgkinson,Rebecca Johnston
Publisher : Taylor & Francis
Page : 384 pages
File Size : 41,8 Mb
Release : 2016-11-10
Category : Law
ISBN : 9781315514321

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International Air Carrier Liability by David Hodgkinson,Rebecca Johnston Pdf

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.

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

Author : P. D. Dagtoglou,P. Nikolai Ehlers
Publisher : Kluwer Law International B.V.
Page : 110 pages
File Size : 44,9 Mb
Release : 1997-01-01
Category : Law
ISBN : 9789041105424

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Airline Liability : A Seminar on Liability and Claims Handling in the Airline and Aeropsace Industries by P. D. Dagtoglou,P. Nikolai Ehlers Pdf

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.

The Liability Regimes in International Air Transportation

Author : Tim Wiebusch
Publisher : Unknown
Page : 28 pages
File Size : 53,5 Mb
Release : 2014-05-07
Category : Electronic
ISBN : 3656637873

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The Liability Regimes in International Air Transportation by Tim Wiebusch Pdf

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

Author : Sebastian Wagner
Publisher : GRIN Verlag
Page : 22 pages
File Size : 53,7 Mb
Release : 2013-10-08
Category : Law
ISBN : 9783656513674

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Liability Regimes in International Air Transportation by Sebastian Wagner Pdf

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.

The law of international carriage by air

Author : Patrick Zeuner
Publisher : GRIN Verlag
Page : 22 pages
File Size : 55,9 Mb
Release : 2008-06-02
Category : Business & Economics
ISBN : 9783638056755

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The law of international carriage by air by Patrick Zeuner Pdf

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.

The Law of International Carriage by Air

Author : Patrick Zeuner
Publisher : GRIN Verlag
Page : 29 pages
File Size : 55,9 Mb
Release : 2008-06
Category : Electronic
ISBN : 9783638947718

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The Law of International Carriage by Air by Patrick Zeuner Pdf

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

Risk and Liability in Air Law

Author : George Leloudas
Publisher : Taylor & Francis
Page : 355 pages
File Size : 44,6 Mb
Release : 2013-05-02
Category : Law
ISBN : 9781135136376

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Risk and Liability in Air Law by George Leloudas Pdf

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).

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

Author : Cyril-Igor Grigorieff
Publisher : Kluwer Law International B.V.
Page : 315 pages
File Size : 43,5 Mb
Release : 2022-05-12
Category : Law
ISBN : 9789403537528

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Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability by Cyril-Igor Grigorieff Pdf

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 Principles and Practice of International Aviation Law

Author : Brian F. Havel,Gabriel S. Sanchez
Publisher : Cambridge University Press
Page : 463 pages
File Size : 50,9 Mb
Release : 2014-03-31
Category : Law
ISBN : 9781107020528

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The Principles and Practice of International Aviation Law by Brian F. Havel,Gabriel S. Sanchez Pdf

This book provides an introduction to, and demystification of, the private and public dimensions of international aviation law. The air transport industry is not governed by a discrete area of the law but rather by a series of disparate transnational regulatory instruments. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

International and EU Aviation Law

Author : Elmar Maria Giemulla,Ludwig Weber
Publisher : Kluwer Law International B.V.
Page : 818 pages
File Size : 48,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041126450

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International and EU Aviation Law by Elmar Maria Giemulla,Ludwig Weber Pdf

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.

International Air Carrier Liability

Author : Paul Stephen Dempsey,Michael Milde (Lawyer)
Publisher : McGill University, University Business Operations
Page : 463 pages
File Size : 50,5 Mb
Release : 2005
Category : Aeronautics, Commercial
ISBN : 0771706367

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International Air Carrier Liability by Paul Stephen Dempsey,Michael Milde (Lawyer) Pdf

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.