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Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions (Hardcover)
Loot Price: R2,276
Discovery Miles 22 760
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Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions (Hardcover)
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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.
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