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Books > Law > International law > Public international law > International law of transport & communications
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Liability Rules Applicable to International Air Transportation as Developed by the Courts in the United States - From Warsaw 1929 to Montreal 1999 (Hardcover)
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Liability Rules Applicable to International Air Transportation as Developed by the Courts in the United States - From Warsaw 1929 to Montreal 1999 (Hardcover)
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The impact of United States jurisprudence on air carrier liability
involving international air transportation has been so great over
many decades that it is not unreasonable to conceive of that body
of jurisprudence as the principal source for the interpretation and
application of the uniform rules relating to air carrier liability
in the international transportation by air of passengers, baggage
and cargo, as envisioned by the original drafters of the Warsaw
Convention of 1929. Hence, an in-depth analysis of this body of
jurisprudence, such as is presented in this indispensable book,
constitutes, for all practical purposes, the preeminent treatise on
international air transportation liability - all the more so, in
that the drafters of the 1999 Montreal Convention (MC99) were
determined not to erode in any way this established body of Warsaw
Convention jurisprudence when interpreting and applying the 1999
successor instrument, MC99. George Tompkins, a leading authority
with world wide recognition on the interpretation and application
of international private air law agreements, - and himself among
the drafters of MC99 - here lays out the rich fruit of his vast
personal experience in handling cases and controversies in the
Courts of the United States involving the application of the
liability rules of the Warsaw Convention and now MC99. The
resulting publication is an essential legal guide for determining
and resolving claims governed by one or more of the international
law instruments that comprise the Warsaw Liability System, which
consists of the 1929 Warsaw Convention, the 1955 Hague Protocol,
the 1961 Guadalajara Convention, the 1975 Montreal Protocol No. 4
and various intercarrier agreements (applicable only to claims
involving passenger death or bodily injury governed by the Warsaw
Convention) all now superseded and governed by MC99. Among the
multitude of topics covered in depth, users of this book will find
the following: ‒ When the liability rules of MC99 or one of the
predecessor Warsaw Liability System instruments is applicable to a
claim; ‒ What triggers liability under the applicable instrument; ‒
Who can make a claim against the air carrier; ‒ Who can file a
legal action for damages; ‒ Where the action must be
brought--Jurisdiction; ‒ When the action must be
brought-Limitations period; ‒ What law applies in determining the
recoverable damages; ‒ Limitations on recoverable damages; ‒ The
accepted definitions of key terms in the Convention Rules, such as
carrierA", accidentA", bodily injuryA", operations of embarking
disembarkingA", destinationA"; ‒ The treatment of mental injury
claims; ‒ Liability for delay; ‒ Defenses available to the carrier;
‒ Willful misconduct of the carrier. The author explains the
required particulars for establishing the liability of the air
carrier in detail under a wide variety of circumstances, and
clearly defines all terms - especially such contentious terms as
'willful misconduct,' 'accident', 'bodily injury', 'embarking',
'disembarking' 'destination' - as their applicability varies under
successive conventions and protocols as interpreted and applied in
years of court decisions. As a thorough summary and critique of the
interpretation and application of the 70-year body of Warsaw
Convention jurisprudence, this unmatched publication provides a
convenient one-volume basis for the development of a body of MC99
jurisprudence. It also is an incomparable practical guide for the
use and benefit of everyone involved in the practice or study of
international private air law, including lawyers, airline in-house
counsel, international aviation organizations, aviation liability
insurers and re-insurers, aviation insurance brokers,
aviation-related departments of national governments, judges, law
clerks, students and teachers.
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