The Liability Law in International Air Transport

Achievements and Deficiencies

Exposé Écrit pour un Séminaire / Cours , 2009 , 14 Pages , Note: 1,3

Droit - Autres systèmes juridiques, Comparaison de droits

Law in general is subdivided in two parts: in public law and in private law. Public law governs the relationship between individuals and the states whereas private law regulates the relationship between individuals.
When it comes to the laws ruling the aviation world, we also have to divide into these two parts: the public international air law represented in general by the Chicago Convention (formally „The Convention on International Civil Aviation“ done at Chicago on 7 December 1944) and on the other side the private international air law, mainly represented through the Montreal Convention (formally „Convention for the Unification of Certain Rules for the International Carriage by Air“). The latter represents the liability law in international air transport, regulating the relationship between an air carrier and its customer, passenger, consignor or cargo shipper. It is supposed to replace the Warsaw Convention of 1929 which sets compensation levels for victims of air accidents,
as well as liability for damage, delay or loss of baggage and cargo.

This paper describes first the historical way the Convention developed from Warsaw to Montreal and then goes into detail of the Montreal Convention with its achievements and deficiencies. By quoting from the original, it is written very close to the wording of the Convention, emphasizing the parallels and differences of the Warsaw and the Montreal Convention.

Structuring:

Abbreviations
Introduction
History
The Warsaw System
The Montreal Convention 1999
Achievements
Deficiencies
Conclusion
Literature
Internet-Sources

Inhaltsverzeichnis

• Abbreviations
• Introduction
• History
• The Warsaw System
  • Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air
  • Convention Supplementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person other than the Contracting Carrier
  • The Guatemala Protocol
• The Montreal Convention 1999
• Achievements
• Deficiencies
• Conclusion
• Literature
• Internet-Sources

Zielsetzung und Themenschwerpunkte

This paper aims to provide a comprehensive overview of the liability law in international air transport, focusing on the historical development of the legal framework from the Warsaw Convention to the Montreal Convention. The paper examines the achievements and deficiencies of the Montreal Convention, highlighting its key provisions and their impact on the aviation industry.

• Historical development of the liability law in international air transport
• Key provisions of the Montreal Convention
• Achievements of the Montreal Convention
• Deficiencies of the Montreal Convention
• Impact of the Montreal Convention on the aviation industry

Zusammenfassung der Kapitel

The introduction provides a general overview of the legal framework governing international air transport, distinguishing between public and private international air law. It introduces the Chicago Convention as the primary instrument of public international air law and the Montreal Convention as the main instrument of private international air law, focusing on the liability law in international air transport.

The history section traces the development of the legal framework from the Warsaw Convention to the Montreal Convention. It highlights the key amendments and protocols that have shaped the Warsaw System, including the Hague Protocol, the Guadalajara Convention, and the Guatemala Protocol.

The chapter on the Warsaw System provides a detailed analysis of the key provisions of the Warsaw Convention and its subsequent amendments. It examines the principles of liability for damage caused to passengers, baggage, and goods, as well as the limitations on liability for air carriers.

The chapter on the Montreal Convention 1999 delves into the key provisions of the Convention, including the revised liability limits for air carriers, the provisions on passenger rights, and the procedures for resolving disputes.

The achievements section highlights the positive aspects of the Montreal Convention, such as the increased liability limits for air carriers, the improved protection of passenger rights, and the harmonization of international air law.

The deficiencies section examines the shortcomings of the Montreal Convention, including the potential for abuse of the liability limits, the challenges in enforcing the Convention, and the need for further harmonization of international air law.

Schlüsselwörter

The keywords and focus themes of the text include international air transport, liability law, Warsaw Convention, Montreal Convention, air carrier liability, passenger rights, cargo damage, delay, and aviation industry.

• Université: University of Applied Sciences Wildau (Wildau Institute of Technology (WIT))
• Cours: Aviation Management
• Note: 1,3
• Auteur: Diplom-Staatswissenschaftler (univ.) Sascha Hissler (Auteur)
• Année de publication: 2009
• Pages: 14
• N° de catalogue: V132887
• ISBN (ebook): 9783640391219
• ISBN (Livre): 9783640391028
• Langue: anglais
• mots-clé: Warsaw System, Montreal Convention, M99, Air Transport, Warsaw Convention 1929, Special Drawing Right, Comparsion Warsaw Montreal Convention, Liability Law