Air and Space Law

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

By Cyril-Igor Grigorieff
Kluwer Law International May 2022

Specifications

ISBN-13
9789403537320
Publisher
Kluwer Law International
Publication
May 2022
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Uniformity and Fragmentation of the 1999 Montreal Convention on International Air Carrier Liability is a unique book elucidating the most recent in-force treaty regulating various vital facets of international air carrier liability in a uniform manner. This book thoroughly evaluates the extent to which the 1999 Montreal Convention’s aim of uniformity has been achieved. With this intent, 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, besides various other interpretative tools.

What’s in this book:

The themes addressed in this book 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

Methods to curtail 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 have also been studied in depth.

This pragmatic book will prove to be of immense value to all lawyers versed in aviation law as well as aviation enthusiasts. They will find it as a useful tool for interpreting the 1999 Montreal Convention in a manner consistent with its ambition and recent case law from all continents on hot topics.

Table of Contents

List of Abbreviations
Foreword
Acknowledgements
CHAPTER 1. Introduction
CHAPTER 2. Uniformity as a Predominant Aim of the 1999 Montreal Convention
CHAPTER 3. Internal Factors of Fragmentation
CHAPTER 4. External Factors of Fragmentation
CHAPTER 5. Suggestions for Enhancing Uniformity
CHAPTER 6. General Conclusions and Recommendations

Appendix
Selected Bibliography
Table of Legislation
Index
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