Revisiting the Liability System of the Montreal Convention of 1999
The 1999 Montreal Convention is a multilateral treaty that governs the liability concerning damages occasioned in international flights by establishing uniform rules among the signatory States in matters of international air carriage. It has been described by some scholars as the best hope for uniformity in issues of liability in international air carriage. After discussing the historical background that led to the adoption of the Convention, explaining its core provisions, and reviewing some of the most important legal precedents relating its application, the paper focuses on the compensatory system outlined by the Convention in cases of death and bodily injury. Significantly, the Convention is scrutinized under the law and economics perspective, identifying its strengths and weaknesses and casting come doubts about the use of its compensatory limit for deaths and injuries. To this end, some lege ferenda proposals are introduced, including the establishment of separate caps for injuries and wrongful death, allotting injuries into subcategories based on severity, and allowing recovery for psychic injuries under certain conditions, in order to provide more balanced levels of compensation. The paper concludes that the proposed alterations of the Convention’s liability structure would diminish conflicts between injurers and victims, suppress normative vagueness, and avoid possible misinterpretations, bringing a fresh perspective to the Convention and improving some of its institutions.
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/issn/19347170
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Authors:
- Oliveto, Ariel Martín
- Publication Date: 2022
Language
- English
Media Info
- Media Type: Print
- Features: References;
- Pagination: pp 177-204
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Serial:
- Issues in Aviation Law and Policy
- Volume: 21
- Issue Number: 2
- Publisher: International Aviation Law Institute
- ISSN: 1934-7170
- Serial URL: https://las.depaul.edu/centers-and-institutes/chaddick-institute-for-metropolitan-development/research-and-publications/Pages/issues-aviation-law-policy.aspx
Subject/Index Terms
- TRT Terms: Air transportation; Fatalities; Injuries; International transportation; Legal factors; Loss and damage
- Identifier Terms: Montreal Convention
- Subject Areas: Aviation; Law; Policy;
Filing Info
- Accession Number: 01849831
- Record Type: Publication
- Files: TRIS
- Created Date: Jun 27 2022 11:58AM