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

Author: David Cluxton
Publisher: Edward Elgar Publishing
ISBN: 9781802203530
Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions’ regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon.

Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions will be a valuable resource for scholars and students of private air law, private international law and dispute resolution, while also being of great interest to aviation law practitioners and aviation insurers and policy-makers.

1. Introduction to Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions

2. Vinculum (or vincula?) juris of the Convention

3. Death cases

4. Does the Convention create a cause of action?

5. Is the Convention’s independent cause of action exclusive?

6. Conclusion to Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions

Bibliography

Index