Warsaw Convention
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| Author | : Lawrence Goldhirsch |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 650 |
| Release | : 2000-09-28 |
| Genre | : Law |
| ISBN | : 9041113649 |
For fast, authoritative answers to questions of liability for international air transportation, this newly updated, enormously useful and timesaving legal resource is without peer. In one volume it provides an incomparable wealth of case law and commentary, conveniently arranged as article-by-article annotation to the Warsaw Convention. This new edition brings the case law up to 1999, and includes the all-important new judicial developments derived to date from such recent air mishaps as KAL 007, Lockerbie, TWA 800, and Swissair 111. The cases summarized and analyzed under each article come from scores of jurisdictions worldwide, with decisions that in many instances have built on case law from a number of different countries. The author's treatment encompasses the subsequent agreements and protocols that have amended the original 1929 Convention, and cites those significant minority viewpoints, both juridical and scholarly, that serve to clarify some of the more difficult issues that arise in this complex field of international law. The text used is the English (US) translation of the Convention. Appendices include the authentic original French text of the Warsaw Convention and the English (UK) translation, as well as the three official Spanish texts (Spain, Argentina, and Mexico); the official French, English, and Spanish texts of the Hague Protocol and the Guadalajara Convention; texts of the Montreal Agreement, the Guatemala Protocol, and the four Montreal Protocols; pertinent excerpts from the United States Code of Federal Regulations and the International Air Transport Association (IATA) rules; and up-to-date listings of parties signatory to the Warsaw instruments. A table of cases, with supplemental case citations, is also included.
| Author | : Cluxton, David |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 176 |
| Release | : 2022-02-15 |
| Genre | : Law |
| ISBN | : 1802203540 |
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.
| Author | : George Leloudas |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 735 |
| Release | : 2023-12-11 |
| Genre | : Law |
| ISBN | : 1800889860 |
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).
| Author | : Sean D. Murphy |
| Publisher | : Cambridge University Press |
| Total Pages | : 546 |
| Release | : 2003-01-09 |
| Genre | : Law |
| ISBN | : 9781139435321 |
Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999–2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.
| Author | : Benjamin Aaron |
| Publisher | : Brill Archive |
| Total Pages | : 84 |
| Release | : 1984 |
| Genre | : Civil law |
| ISBN | : |
| Author | : Cyril-Igor Grigorieff |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 315 |
| Release | : 2022-05-12 |
| Genre | : Law |
| ISBN | : 9403537523 |
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 | : Chia-Jui Cheng |
| Publisher | : BRILL |
| Total Pages | : 1281 |
| Release | : 2017-11-01 |
| Genre | : Law |
| ISBN | : 9004345140 |
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.
| Author | : Marian Hoeks |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 562 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 9041132465 |
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 ...
| Author | : Peter P. C. Haanappel |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 330 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 9041121293 |
This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.
| Author | : Malcolm N. Shaw |
| Publisher | : Cambridge University Press |
| Total Pages | : 1452 |
| Release | : 2003-09-25 |
| Genre | : Law |
| ISBN | : 9781139438643 |
This fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants.
