Journal articles: 'Montreal Convention'

1

Whalen, Thomas J. "The New Warsaw Convention: The Montreal Convention." Air and Space Law 25, Issue 1 (February 1, 2000): 12–26. http://dx.doi.org/10.54648/260365.

Full text

APA, Harvard, Vancouver, ISO, and other styles

2

Neenan, Peter. "The Damaged Quilt: Inadequate Coverage of the Montreal Convention." Air and Space Law 37, Issue 1 (February 1, 2012): 51–64. http://dx.doi.org/10.54648/aila2012004.

Full text

Abstract:

In 1999 following agreement on the wording of the Montreal Convention, the old Warsaw Regime was proclaimed to be modernized. Now, eight years since that Convention entered into force in 2003, this article examines whether the old Warsaw Regime has truly been left behind. Through quantitative analysis of ratification states and accident statistics, the article finds that while many states have ratified the Montreal Convention, the majority of the most important states, those whose airlines continue to fall from the sky, have failed to ratify the Montreal Convention. For families of major aviation disasters, this presents a bleak future; until such time as those states ratify the Montreal Convention, we will have failed to modernize the Warsaw Regime, and many families will remain vulnerable.

APA, Harvard, Vancouver, ISO, and other styles

3

Majiyagbe, Folorunsho. "The Montreal Convention 1999 and Nigerian Law: Uncertainty, Uninterrupted." Air and Space Law 33, Issue 4/5 (September 1, 2008): 346–55. http://dx.doi.org/10.54648/aila2008026.

Full text

Abstract:

International air carrier liability under Nigerian law has, for some time past, been shrouded in uncertainty because of the ambivalence with which Nigerian courts applied the Warsaw Convention 1929 as regards its exclusivity or otherwise, vis–à–vis actions and remedies. Consequently, it was hoped that the Montreal Convention 1999, which expressly forbids the application of national laws to international air carriage claims would ameliorate the situation. Unfortunately, the passage of the Civil Aviation Act 2006, which gives the Montreal Convention the force of law in Nigeria, also repealed the Warsaw Convention. This article discusses the liability regime under Nigerian law as it stood prior to the Act and the vacuum which has now been created by the repeal of the Warsaw Convention, which means that where the departing or destination country is not a signatory to the Montreal Convention, Nigeria’s national laws must be applied. The article further analyzes pertinent parts of the language of the Montreal Convention and its travaux préparatoires and argues that the provision which robs the Warsaw Convention of the force of law ought to be repealed immediately.

APA, Harvard, Vancouver, ISO, and other styles

4

Lawson, Robert. "The Montreal Convention 1999 at 21: Has It Come of Age or Passed Its Sell-by Date?" Air and Space Law 45, Issue 3 (June 1, 2020): 265–84. http://dx.doi.org/10.54648/aila2020039.

Full text

Abstract:

The Montreal Convention is now twenty-one. This article summarizes its purpose, passage, and what it added to its predecessor, the Warsaw Convention, and its progeny. It considers the case law that it has produced and issues that arise in its application. It is concluded that the Montreal Convention has not passed its sell-by date and remains a praiseworthy international instrument for the regulation of air carrier liability, but suggestions are made as to possible further revisions and enhancements. Carrier liability, Montreal Convention, Review, Revision, Expansion

APA, Harvard, Vancouver, ISO, and other styles

5

Jin, Jason. "Is the Cargo Liability Limit Unbreakable under the Montreal Convention?: Implications of a Civil Case in China." Air and Space Law 43, Issue 6 (November 1, 2018): 563–81. http://dx.doi.org/10.54648/aila2018037.

Full text

Abstract:

Air cargo claims have been handled under the international legal regime since the early 1930s when the Warsaw Convention was adopted. This liability regime later developed into a more modern instrument, i.e. the Montreal Convention 1999, which allegedly sets an unbreakable limit for cargo damage. Although such cargo liability limit under the Montreal Convention has been upheld by courts in many jurisdictions, efforts made by plaintiff lawyers to circumvent it have never ceased. In China, a Beijing Intermediate Court decided in an air cargo damage case that the airlines should not be entitled to the limit protection under the Montreal Convention and must indemnify the actual losses suffered by the plaintiff in accordance with the PRC Civil Aviation Law. This has been criticized by many practitioners for violating the intention of the drafters of the convention. The aim of this article is to look into the true meaning of the related provisions of the Montreal Convention by examining not only the convention itself, but also the judicial practices of other countries, and explore possible methods to clarify the legislative intent so as to avoid judicial uncertainty.

APA, Harvard, Vancouver, ISO, and other styles

6

Bohlsen, Stefan. "Case C-532/18 G.N. v. Z.U. (Niki Luftfahrt) (C.J.E.U.)." International Legal Materials 60, no. 2 (February 9, 2021): 290–97. http://dx.doi.org/10.1017/ilm.2021.1.

Full text

Abstract:

On December 19, 2019, the Court of Justice of the European Union (CJEU, the Court) interpreted Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on May 28, 1999 (Montreal Convention), in its judgment in the Niki Luftfahrt case.

APA, Harvard, Vancouver, ISO, and other styles

7

Košenina, Alexander Uroš. "Aviation Product Liability: Could Air Carriers Face their Life and Limb being Placed in Peril for the Exclusivity of the Montreal Convention?" Air and Space Law 38, Issue 3 (June 1, 2013): 249–68. http://dx.doi.org/10.54648/aila2013017.

Full text

Abstract:

Over the past five decades, product liability law in the US and EU has evolved into a sustainable system of recoveries for injured claimants, mainly for its incorporated strict liability concept, providing for the consumer benefits. This article discusses product liability regimes in the US and EU, where the two main aircraft manufacturers are based. In light of the development of product liability law in aviation, the author analyses the relation between the two sets of law i.e. the product liability regimes of the jurisdictions mentioned and the Montreal Convention, as the exclusivity principle laid down in this Convention sheds a different light on this relationship. In examining the above subject, one can see that aviation product liability regimes may also concern the position of air carriers under the Montreal Convention, 1999. Damages which are recoverable from airlines under the Montreal Convention may be different from, and may be legally differentiated from those which are available under product liability regimes. Hence, this article signals a tendency in EU States, including but not limited to civil law jurisdictions, pursuant to which claimants try to rely on the latter regime notwithstanding the exclusivity principle laid down in the Montreal Convention.

APA, Harvard, Vancouver, ISO, and other styles

8

Tompkins Jr, George N. "The Continuing Development of Montreal Convention 1999 Jurisprudence." Air and Space Law 35, Issue 6 (November 1, 2010): 433–40. http://dx.doi.org/10.54648/aila2010047.

Full text

Abstract:

The Montreal Convention 1999 (MC99) replaces the 1929 Warsaw Convention (WC29). MC99 was adopted on 28 May 1999 and came into force on 4 November 2003 with the deposit of the thirtieth instrument of ratification by the United States on 5 September 2003. There are, as of 12 November 2010, nine-seven State Parties to MC99. The drafters of MC99 were vigilant in not changing the substantive wording of the principle liability rules of WC29, so as to preserve the validity of the seventy-five years of WC29 legal precedents for courts when applying the comparable liability rules of MC99. Since MC99 came into force, the courts interpreting and applying the MC99 liability rules have been ever cognizant of this intent of the drafters of MC99. This is the third article summarizing MC99 court decisions for the benefit of the readers of A&SL and this summary will appear each year as court decisions are rendered in the States Party to MC99 applying the MC99 liability rules.

APA, Harvard, Vancouver, ISO, and other styles

9

Tompkins Jr, George N. "The 1999 Montreal Convention: Alive, Well and Growing." Air and Space Law 34, Issue 6 (November 1, 2009): 421–26. http://dx.doi.org/10.54648/aila2009039.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Tompkins Jr, George N. "The Continuing Development of Montreal Convention 1999 Jurisprudence." Air and Space Law 37, Issue 3 (June 1, 2012): 259–75. http://dx.doi.org/10.54648/aila2012017.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Koning, Ingrid. "Liability in Air Carriage. Carriage of Cargo Under The Warsaw and Montreal Conventions." Air and Space Law 33, Issue 4/5 (September 1, 2008): 318–45. http://dx.doi.org/10.54648/aila2008025.

Full text

Abstract:

This article discusses the liability of the carrier of goods by air under the Montreal Convention 1999. It deals with some of the more eye–catching changes, like the basis of liability and the (im)possibility of breaking the limits. Also, a number of subjects are covered where, in the author’s view, the Montreal Convention should have introduced new rules (the interpretation of the term ‘damage’) or should have clarified existing case law (right to sue and exclusivity).

APA, Harvard, Vancouver, ISO, and other styles

12

Whalen, D. Joel. "Selections From the ABC 2011 Annual Convention, Montreal, Canada." Business Communication Quarterly 75, no. 3 (August 15, 2012): 318–40. http://dx.doi.org/10.1177/1080569912448920.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

&NA;. "21st ANNUAL CONVENTION MONTREAL, Canada OCTOBER 7–12, 1995." Plastic Surgical Nursing 15, no. 2 (1995): 106–19. http://dx.doi.org/10.1097/00006527-199501520-00011.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Gray, Christine. "The Lockerbie case continues." Cambridge Law Journal 57, no. 3 (November 1998): 429–71. http://dx.doi.org/10.1017/s0008197398233010.

Full text

Abstract:

THE background to the Cases concerning Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Jurisdiction and Admissibility) 1998 I.C.J. Rep. is well known; in 1988 Pan Am Flight 103 was blown up over Scotland and 270 people were killed. The USA and the UK accused two Libyans of the bombing and sought their extradition. Libya argued on the basis of the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation that it was not bound to extradite its own nationals but could try them in its own courts, if appropriate. Libya took the cases to the International Court of Justice. It failed in its requests for provisional measures (see Lowe, (1992) 51 C.L.J. 408), but continued with its claims that the USA and the UK should respect its rights under the Montreal Convention and not put pressure on it to surrender the accused. The respondents made preliminary objections to the jurisdiction of the Court and to the admissibility of the application.

APA, Harvard, Vancouver, ISO, and other styles

15

Lawson, Robert, and Tim Marland. "The Montreal Convention 1999 and the Decisions of the ECJ in the Cases of IATA and Sturgeon in Harmony or Discord?" Air and Space Law 36, Issue 2 (April 1, 2011): 99–108. http://dx.doi.org/10.54648/aila2011014.

Full text

Abstract:

This article considers Regulation (EC) No. 261/2004 in so far as it deals with delay in the carriage by air of passengers, as interpreted by the European Court of Justice in the cases of R. (on the application of International Air Transport Association and European Low Fares Airline Association) v. Department of Transport and Sturgeon v. Condor Flugdienst GmbH and Böck v. Air France SA. It considers whether these two cases are consistent with each other and with the Montreal Convention (in respect of carriage to which the Convention and Regulation 261 both apply). It concludes that they are irreconcilable with each other and that if the IATA case is consistent with the Montreal Convention, as it purports to be, then Sturgeon is not.

APA, Harvard, Vancouver, ISO, and other styles

16

van Alebeek, Rosanne, and Ursula E. A. Weitzel. "List of Current Proceedings: Update." Leiden Journal of International Law 13, no. 4 (December 2000): 855–72. http://dx.doi.org/10.1017/s0922156500000492.

Full text

Abstract:

Libya filed two separate applications on 3 March 1992. In the applications, Libya contended that it had not been possible to settle this dispute by negotiations and that the parties unable to agree on the organization of an arbitration to hear the matter. It accordingly submitted the disputes to the Court on the basis of Article 14, paragraph 1, of the Montreal Convention. Libya refers in the applications to the charging of two Libyan nationals, by the Lord Advocate of Scotland, and by a Grand Jury of the United States, respectively, with having caused a bomb to be placed aboard a Pan-am flight, which bomb subsequently exploded, causing the aeroplane to crash. Libya contends that the United Kingdom and the United States, respectively, by rejecting the Libyan efforts to resolve the matter within the framework of international law, including the Montreal Convention, are pressuring it into surrendering the two Libyan nationals for trial. In this connection, Libya refers to Article 1 of the Montreal Convention, according to which the charge constitutes an offence, and to the several other articles of that Convention which are relevant to Libya's alleged right to jurisdiction over the matter and the prosecution thereof. Libya alleges that these obligations are breached by the United Kingdom and the United States respectively.

APA, Harvard, Vancouver, ISO, and other styles

17

Amaya-Castro, Juan M. "List of Current Proceedings: Update." Leiden Journal of International Law 12, no. 3 (September 1999): 583–95. http://dx.doi.org/10.1017/s0922156599000308.

Full text

Abstract:

Libya filed two separate applications on 3 March 1992. In the applications, Libya contended that it had not been possible to settle this dispute by negotiations and that the parties unable to agree on the organization of an arbitration to hear the matter. It accordingly submitted the disputes to the Court on the basis of Article 14(1) of the Montreal Convention. Libya refers in the applications to the charging of two Libyan nationals, by the Lord Advocate of Scotland, and by a Grand Jury of the United States, respectively, with having caused a bomb to be placed aboard a Pan-am flight, which bomb subsequently exploded, causing the aeroplane to crash. Libya contends that the United Kingdom and the United States, respectively, by rejecting the Libyan efforts to resolve the matter within the framework of international law, including the Montreal Convention, are pressuring it into surrendering the two Libyan nationals for trial. In this connection, Libya refers to Article 1 of the Montreal Convention, according to which the charge constitutes an offence, and to the several other articles of that Convention which are relevant to Libya's alleged right to jurisdiction over the matter and the prosecution thereof. Libya alleges that these obligations are breached by the United Kingdom and the United States respectively.

APA, Harvard, Vancouver, ISO, and other styles

18

Milde, M. "Liability in international carriage by air: the new Montreal Convention." Uniform Law Review - Revue de droit uniforme 4, no. 4 (December 1, 1999): 835–60. http://dx.doi.org/10.1093/ulr/4.4.835.

Full text

APA, Harvard, Vancouver, ISO, and other styles

19

Tompkins Jr, George N. "Montreal Convention 1999 Court Decisions since MC99 Came Into Force." Air and Space Law 33, Issue 6 (November 1, 2008): 468–80. http://dx.doi.org/10.54648/aila2008039.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Tompkins Jr, George N. "‘Bumping’ – Denied Boarding – and Article 19 of the Montreal Convention." Air and Space Law 32, Issue 3 (June 1, 2007): 231–32. http://dx.doi.org/10.54648/aila2007031.

Full text

APA, Harvard, Vancouver, ISO, and other styles

21

Mendelsohn, Allan I. "Foreign Plaintiffs, Forum Non Conveniens, and the 1999 Montreal Convention." Air and Space Law 36, Issue 4/5 (August 1, 2011): 293–303. http://dx.doi.org/10.54648/aila2011029.

Full text

Abstract:

The purpose of this article is not so much to focus on the multitude of successful forum non conveniens motions that have been granted in recent years by US courts, but rather to focus on the increasing frequency of foreigners (i.e., non-citizens and non-residents) opting to sue in the United States. They do this because in many instances they are aggressively solicited by US-employed so-called 'consultants' who tell them that they can not only enjoy contingency fee arrangements in retaining their US lawyers, but that they can also enjoy the likelihood of much larger financial recoveries than could be expected from the courts in their own countries. Even if these representations are in fact true, the issue addressed by the author is the propriety of foreigners seeking access to US courts for these purposes. The author briefly examines the decisions in several of the more recent aviation accident cases. A disproportionate number of them, as can be seen, involve accidents that occurred abroad, on foreign airlines - many of which do no business in the United States and, hence, are not subject to US jurisdiction - and with victims that are mostly or all citizens of foreign countries. Finally, the author proposes an approach that he believes would help to eliminate or, at the least, lessen the frequency with which foreign citizens resort to US courts following aviation accidents abroad while, at the same time, providing foreign plaintiffs who are victims of international air mishaps with faster and more certain resolution of their claims. The author also proposes what he believes is a much better and more efficient system for determining whether courts abroad are available and adequate for purposes of allowing a US court to grant a forum non conveniens dismissal.

APA, Harvard, Vancouver, ISO, and other styles

22

Bantekas, Ilias. "The International Law of Terrorist Financing." American Journal of International Law 97, no. 2 (April 2003): 315–33. http://dx.doi.org/10.2307/3100109.

Full text

Abstract:

The international dimensions of terrorism had been identified prior to World War II. Nonetheless, no agreement could be reached on an acceptable definition, or appropriate action, and the 1937 Convention on the Prevention and Punishment of Terrorism, adopted by the League of Nations, was ratified by a single country. The issue resurfaced in the late 1950s when private individuals perpetrated an alarming number of incidents endangering civil aviation during transnational flights. These incidents led to the adoption of three distinct conventions on the subject, namely the 1963 Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft, the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft, and the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.

APA, Harvard, Vancouver, ISO, and other styles

23

Evans, Malcom D. "V. Cases Before the Court." International and Comparative Law Quarterly 52, no. 3 (July 2003): 802–10. http://dx.doi.org/10.1093/iclq/52.3.802.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Evans, Malcolm D. "II. Cases Before the Court." International and Comparative Law Quarterly 50, no. 3 (July 2001): 675–82. http://dx.doi.org/10.1017/s0020589300065416.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Comenale Pinto, Michelle M. "Giurisdizione e competenza nella Convenzione di Montreal del 1999. / Jurisdiction and competence in the Montreal Convention of 1999." Revista de Derecho Privado │Universidad Blas Pascal 8, no. 8 (February 21, 2022): 28–41. http://dx.doi.org/10.37767/2362-5325(2021)002.

Full text

Abstract:

El trabajo se centra en el problema de la jurisdicción dentro de las disposiciones específicas dictadas por el régimen de ley uniforme para el transporte aéreo, específicamente al régimen del Convenio de Montreal del 28 de mayo de 1999 y a las correspondiente soluciones del Convenio de Varsovia del 12 de octubre de 1929, que constituyeron el trasfondo. Estas normas se refieren específicamente a las acciones de responsabilidad contra la compañía aérea que se rigen por los textos de ley uniforme que las contienen, pero no las que puedan ejercitarse por otro motivo, o contra distintos sujetos, ni las que el propio transportista pueda ejercitar contra el remitente. o contra el pasajero que le causó daño con su propio comportamiento. ABSTRACT The work focuses on the problem of jurisdiction within the specific provisions dictated by the uniform law regime for air transport, specifically the regime of the Montreal Convention of May 28, 1999 and the corresponding solutions of the Warsaw Convention of 12 October 1929, which formed the background. These rules specifically refer to liability actions against the airline that are governed by the uniform law texts that contain them, but not those that can be exercised for any other reason, or against different subjects, nor those that the carrier itself may exercise.against the sender. or against the passenger who caused him harm with his own behavior.

APA, Harvard, Vancouver, ISO, and other styles

26

Raju, Nivedita, and Ramya Sankaran. "Pioneering for Rights of the Differently Abled: Scope under the Montreal Convention." Air and Space Law 41, Issue 3 (May 1, 2016): 265–87. http://dx.doi.org/10.54648/aila2016020.

Full text

Abstract:

The ruling of Stott v. Thomas Cook heralded the ‘exclusivity principle’ of the Montreal Convention for future claims for damages. However, the case simultaneously raised concerns regarding the rights of differently abled air passengers. Mr Stott, partially paralysed, was denied all his requests for assistance. This resulted in a series of traumatic events following which, Mr Stott suffered severe emotional harm. When Mr Stott claimed damages under the concerned EC Regulations, it was held that the Convention would be applicable exclusive to all other laws. This article examines a new line of reasoning in arguments for differently abled passengers, in light of the circumstances of Stott. The article identifies relevant international and national legislations on rights of differently abled passengers to substantiate a claim under the Convention, from a fresh perspective, without overturning the exclusivity principle. The authors argue that failure of an airline to abide by prevailing national and international laws on disability rights amounts to an ‘unexpected event’ and breach of duty of care, thereby falling within the purview of an ‘accident’ under the Convention. Applying abundant case law on the interpretation of Article 17, the authors aim to craft a successful claim for damages for differently abled air passengers, under selected circumstances unexplored by courts, within the confines of the Convention.

APA, Harvard, Vancouver, ISO, and other styles

27

Radoševic, Sonja. "CJEUs Decision in Nelson and Others in Light of the Exclusivity of the Montreal Convention." Air and Space Law 38, Issue 2 (April 1, 2013): 95–110. http://dx.doi.org/10.54648/aila2013009.

Full text

Abstract:

The most recent decision by the Court of Justice of the European Union (CJEU) on passenger rights in air transport, based solely on interpreting internal European Union (EU) air law, yet again places at risk the international air law obligations of the twenty-seven EU Member States. The Montreal Convention 1999 (MC99), in its Article 29, expresses the clear intent of the drafters that the liability rules provided by the Convention, where applicable to the carriage, are exclusive of all local laws, rules and regulations that otherwise might be applied. Yet the Court purports to create alongside the undisputable and exclusive cause of action dealt with by the Montreal Convention a separate set of rules regulating the exact same matter. Providing no legal justification for doing so and without any discussion of the implications of the principle of exclusivity, the Court's decision raises serious concerns, with respect to the certainty of the internal EU legal order and with respect to international law and international relations.

APA, Harvard, Vancouver, ISO, and other styles

28

Kim,Yong-Ku and 이창재. "The Restrictions of Subrogated Underwriter’s Right under the Montreal Convention 1999." Seoul Law Review 23, no. 1 (May 2015): 143–75. http://dx.doi.org/10.15821/slr.2015.23.1.005.

Full text

APA, Harvard, Vancouver, ISO, and other styles

29

van der Wijngaart, Tom. "Montreal Convention: To Whom Is the Carrier Liable in the Event of Delay?" Air and Space Law 41, Issue 6 (November 1, 2016): 511–15. http://dx.doi.org/10.54648/aila2016038.

Full text

Abstract:

It is clear from Article 19 of the Montreal Convention 1999 that the ‘carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo’, but it is less clear to whom the carrier is liable – in the case of passenger delay, only to the passenger – or also to other parties who may suffer damage? In a judgment delivered on 17 February 2016, the Court of Justice of the European Union (CJEU) confirmed the latter alternative. The CJEU held, in response to a request for a preliminary ruling from the Supreme Court of Lithuania, in Case C-429/14 Air Baltic v. Special Investigation Service of the Lithuanian Republic (SIS), that the Montreal Convention was to be interpreted as meaning that a carrier which has concluded a contract of carriage with an employer of persons carried as passengers is liable to that employer for damage occasioned by delay in the carriage by air of those passengers.

APA, Harvard, Vancouver, ISO, and other styles

30

Tompkins Jr, George N. "2014 Summary of MC99 Court Decisions." Air and Space Law 40, Issue 2 (April 1, 2015): 147–64. http://dx.doi.org/10.54648/aila2015012.

Full text

Abstract:

This is the seventh in a series of articles summarizing significant judicial decisions interpreting and applying the liability rules of the 1999 Montreal Convention [MC99]. This summary includes decisions from Canada, France and the USA.

APA, Harvard, Vancouver, ISO, and other styles

31

Mendes de Leon, Pablo, and John Balfour. "Increase of the Limits Laid Down in the Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal, 1999 (Montreal Convention, 1999)." Air and Space Law 45, Issue 2 (April 1, 2020): 227–28. http://dx.doi.org/10.54648/aila2020011.

Full text

APA, Harvard, Vancouver, ISO, and other styles

32

Tompkins Jr, George N. "Summary of MC99 Judicial Updates 2013." Air and Space Law 39, Issue 1 (February 1, 2014): 91–101. http://dx.doi.org/10.54648/aila2014005.

Full text

Abstract:

This is the sixth in a series of articles summarizing significant judicial decisions interpreting and applying the liability rules of the 1999 Montreal Convention (MC99). This summary includes decisions from Canada, France, Israel and the US.

APA, Harvard, Vancouver, ISO, and other styles

33

White, Nigel. "Case Analysis: To Review or Not to Review? The Lockerbie Cases Before the World Court." Leiden Journal of International Law 12, no. 2 (June 1999): 401–23. http://dx.doi.org/10.1017/s0922156599000187.

Full text

Abstract:

On 27 February 1998, the International Court of Justice rejected the preliminary objections of the US and of the UK in the cases concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising From the Aerial Incident at Lockerbie. The arguments made to the Court, and its decisions on jurisdiction and admissibility, are examined with a view to ascertaining the issues facing the Court, as well as the possible outcomes, if the cases reach the merits stage. The disputes over the Montreal Convention are considered, but particular attention is paid to the legal effects and, more widely, the legality of the relevant Security Council resolutions (Resolutions 748 and 883). The underlying question to be considered is whether there are any indications in the judgments that the Court is moving towards review of those resolutions.

APA, Harvard, Vancouver, ISO, and other styles

34

Leloudas, George, and Daniel B. Soffin. "International Air Cargo in Time of Crisis: Global Challenges and Modal Shift Provide Transformational Opportunity in Commerce and Law." Air and Space Law 45, Issue 6 (November 1, 2020): 563–609. http://dx.doi.org/10.54648/aila2020069.

Full text

Abstract:

The current pandemic has elevated the critical need for a dependable, resilient, air cargo supply chain to the forefront of commercial and legal discussion. Throughout its history, air cargo has evolved in parallel with other unimodal means of cargo transport into a global multimodal transport paradigm. The unimodal legal regimes governing individual modes of cargo transport have not kept pace with the growth and development of global cargo transport and its associated legal issues. The unimodal regimes do not adequately reflect the relational, commercial, and operational realities of the contemporary global multimodal supply chain. The authors identify key changes in air cargo and multimodal supply chain logistics and relationships, and discuss the resulting contemporary legal issues that have emerged and must be addressed. The authors advocate that a multimodal cargo transport regime is needed to reflect these current realities and to accommodate future multimodal evolution. At a minimum, update and integration of the Warsaw, Montreal, and CMR conventions is indicated. The authors emphasize the essential need for continued integration of new technologies and complete digitalization of the air cargo supply chain in order adequately to prepare for the global multimodal cargo transport paradigm of tomorrow. aviation, air cargo, CMR, Warsaw Convention, Montreal Convention, unimodal, multimodal, global multimodal supply chain, digitalization, technology

APA, Harvard, Vancouver, ISO, and other styles

35

Sleeckx, Annick, Charlotte Thijssen, and Cyril-Igor Grigorieff. "Attacks Against Aviation: Beijing Convention and Protocol Now in Force." Air and Space Law 44, Issue 2 (April 1, 2019): 125–37. http://dx.doi.org/10.54648/aila2019010.

Full text

Abstract:

The fight back against modern threats to civil aviation has now materialized since the entry into force in 2018 of both the 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the 2010 Beijing Protocol Supplementary to the Convention on Unlawful Seizure of Aircraft. These two instruments share the same goal but must be distinguished clearly. The 2010 Protocol supplements the 1970 Hague Convention and was drafted mostly to address hijacking scenarios; whereas the 2010 Convention is a recast of the 1971 Montreal Convention and its 1988 Protocol regarding other forms of violence against aircraft and airport facilities. This article will aim to shed some light on selected key improvements made by these recent instruments. Nullum crimen, nulla poena sine lege

APA, Harvard, Vancouver, ISO, and other styles

36

Skandera-Trombley, Laura E. "Northeast Modern Language Association." PMLA/Publications of the Modern Language Association of America 110, no. 4 (September 1995): 881. http://dx.doi.org/10.1632/s0030812900173195.

Full text

Abstract:

The twenty-seventh annual NEMLA convention will be held in Montreal from 19 to 20 April 1996 at the Hotel du Parc. In the heart of vibrant Montreal, Hotel du Parc is located at the foot of Mount Royal, within walking distance of world-class galleries, museums, and concert halls, exuberant nightlife and gourmet dining on trendy Saint-Laurent and Saint-Denis Streets, and relaxed sidewalk cafes on Prince Arthur's bustling pedestrian mall. McGill University will be the host institution, and Nicole Brossard will be the Friday night keynote speaker.

APA, Harvard, Vancouver, ISO, and other styles

37

Tompkins Jr, George N. "A Tribute to the Legacy of Or Wassenbergh The Flight of the 1999 Montreal ConventionOn Course?Stalled?Encountering Turbulence?The Course Ahead." Air and Space Law 40, Issue 1 (February 1, 2015): 83–92. http://dx.doi.org/10.54648/aila2015008.

Full text

Abstract:

The 1999 Montreal Convention entered into force on November 4, 2003.To date there have been only 107 ratifications out of a total of 191 ICAO Member States. Several key aviation States are absentees. Court decisions in some States Party are not consistent with the desire of the States Party for exclusivity and pre-emption of the liability rules and for uniformity of interpretation as intended. This article examines the State of the Convention 11 years after coming into force and renders suggestions for getting the flight of the Convention back on course.

APA, Harvard, Vancouver, ISO, and other styles

38

&NA;. "ASPRSNʼS 21st National Convention October 8–12, 1995 Radisson Hotel, Montreal, Canada." Plastic Surgical Nursing 15, no. 4 (1995): 220–21. http://dx.doi.org/10.1097/00006527-199501540-00008.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Tompkins Jr, George N. "The Montreal Convention and the Meaning of ‘Destination’ in Article 33(1)." Air and Space Law 32, Issue 3 (June 1, 2007): 224–26. http://dx.doi.org/10.54648/aila2007028.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Tompkins Jr, George N. "Are the Objectives of the 1999 Montreal Convention in Danger of Failure?" Air and Space Law 39, Issue 3 (June 1, 2014): 203–14. http://dx.doi.org/10.54648/aila2014015.

Full text

Abstract:

This article is taken from a talk given by the author at a Symposium in Ankara, Turkey, on 15-16 November 2013. In the opinion of the author, the objectives sought to be achieved by the Montreal Convention of 1999 [MC99], which was drafted and adopted to consolidate in one instrument and replace the patchwork "Warsaw System", are being thwarted by a number of national, regional and international developments which have evolved since MC99 came into force on 4 November 2003. Hopefully, this article will be seen and accepted by all concerned as a "clarion call" to take action to ensure that MC99 does not fail of purpose due to these developments which, if not acted upon and reversed, present a "clear and present" danger that MC99 may very well fail of its intended purpose.

APA, Harvard, Vancouver, ISO, and other styles

41

Adsett, Hugh, Anne Daniel, Masud Husain, and Ted L. McDorman. "Compliance Committees and Recent Multilateral Environmental Agreements: The Canadian Experience with Their Negotiation and Operation." Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 91–142. http://dx.doi.org/10.1017/s006900580000850x.

Full text

Abstract:

SummaryIn order to enhance and encourage compliance with obligations in multilateral environmental agreements (MEAs), states have agreed to the creation of compliance committees for all of the recent MEAs. Canada has been a strong supporter of the compliance committee experiment and an active participant in the negotiation and operation of numerous MEA compliance committees. This article does three things. First, it examines the international legal nature of the MEA compliance committees. Second, the key issues of the structure of the committees are explored. Finally, the article look at the development and operation of compliance committees pursuant to: the Montreal Protocol; the LRTAP Convention; the Espoo Convention; the Basel Convention; the Cartagena Protocol; the Rotterdam Convention; the Stockholm Convention; and the Protocol to the London Dumping Convention.

APA, Harvard, Vancouver, ISO, and other styles

42

Hastings, W. K. "Living with an Archaic Treaty: Solving the Problem of the Warsaw Convention's Gold Clause." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 143. http://dx.doi.org/10.26686/vuwlr.v26i2.6170.

Full text

Abstract:

Article 22 of the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage By Air limits carriers' liability by reference to the franc Poincaré or gold franc, a standard that no longer exists. Until the Montreal Protocols come into force or a revised and consolidated Convention is created, the author proposes a method that relies on cooperation between the executive and the courts to keep Article 22 alive and useful.

APA, Harvard, Vancouver, ISO, and other styles

43

Tompkins Jr, George N. "Summary of MC99 Judicial Decisions 2012." Air and Space Law 38, Issue 2 (April 1, 2013): 123–40. http://dx.doi.org/10.54648/aila2013011.

Full text

Abstract:

This is the fifth in a series of articles summarizing significant judicial decisions interpreting and applying the liability rules of the 1999 Montreal Convention (MC99). This article includes judicial decisions from Australia, Belgium, Canada, China, France, Israel and Spain, as well as the United States.

APA, Harvard, Vancouver, ISO, and other styles

44

QC, Ian Freckelton. "Compensability for PTSD under the Montreal Convention: Psychiatric Injury as a Bodily Injury." Psychiatry, Psychology and Law 22, no. 5 (September 3, 2015): 639–48. http://dx.doi.org/10.1080/13218719.2015.1101765.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Holland, Michael J. "Applying the Montreal Convention to Airport Terminal Operators: The Sword and the Shield." Air and Space Law 37, Issue 6 (November 1, 2012): 487–96. http://dx.doi.org/10.54648/aila2012036.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

Sarmiento E., Juan Pablo. "Montreal Protocol and Vienna Convention, a succesful case in law International Protection of the Global Environment?" Revista de Derecho Uninorte, no. 52 (April 13, 2020): vi—xii. http://dx.doi.org/10.14482/dere.52.0123.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

Tompkins Jr, George N. "20162017 Summary of MC99 Court Decisions." Air and Space Law 43, Issue 1 (February 1, 2018): 113–21. http://dx.doi.org/10.54648/aila2018007.

Full text

Abstract:

This is the ninth in a series of articles summarizing significant judicial decisions interpreting and applying the liability rules of the 1999 Montreal Convention [MC99]. This report also includes a report on the new States Party to MC99 since 2015, as reported in Air & Space Law 41, no.2 (2016) 129–142.

APA, Harvard, Vancouver, ISO, and other styles

48

De Bournonville, Dimitri, and Cyril-Igor Grigorieff. "The 1952 Rome Convention on Surface Damage and Its Application in the Case of Aircraft Noise Emission: The Example of Belgium." Air and Space Law 44, Issue 4/5 (September 1, 2019): 339–45. http://dx.doi.org/10.54648/aila2019022.

Full text

Abstract:

Although the 1952 Rome Convention on Surface Damage does not account with as many ratifications as the 1999 Montreal Convention or its predecessors, it organizes what can be seen as an operators’ friendly liability regime. In a recent landmark ruling in a matter that was pending before the Belgian courts for nearly twenty years, the Court of Appeal of Brussels held that airlines could not be held liable for the prejudice allegedly caused by their aircraft’s noise emissions to the extent that these aircraft and their operations comply with the rules of air.

APA, Harvard, Vancouver, ISO, and other styles

49

Chen, L., L. Wang, V. Yankin, and A. Neyasov. "The review of the water mist fire extinguishing technology." Bulletin of Science and Practice 5, no. 2 (February 15, 2019): 197–202. http://dx.doi.org/10.33619/2414-2948/39/26.

Full text

Abstract:

Due to the signing of the Montreal Convention, people have been looking for alternatives to the halon fire extinguishing system. The water mist is widely concerned because of its unique advantages. Many scholars have conducted extensive research on water mist fire extinguishing technology. This paper makes a review of the development and research results of the water mist.

APA, Harvard, Vancouver, ISO, and other styles

50

Deviatnikovaitė, Ieva. "The Montreal Convention of 1999 and Regulation No 261/2004 in the EUCJ and National Case Law." Baltic Journal of Law & Politics 11, no. 1 (June 1, 2018): 21–47. http://dx.doi.org/10.2478/bjlp-2018-0002.

Full text

Abstract:

Abstract The article first analyses the relationship between the Montreal Convention and Regulation 261/2004. Although the Regulation and the Convention both relate to the protection of air passenger’s rights it remains ambiguous when and in which disputes these acts should be applicable. Thus, this article reveals the problematical issue of how these acts differ and in which situations they are applicable. Second, it reviews the development of the EUCJ case law regarding the application of these acts. Third, it examines the relevant case law of the Supreme Court of the Republic of Lithuania in this area.

APA, Harvard, Vancouver, ISO, and other styles

Journal articles on the topic 'Montreal Convention'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles