Aviation law cause of action exclusivity in the Warsaw and Montreal Conventions

著者

    • Cluxton, David

書誌事項

Aviation law cause of action exclusivity in the Warsaw and Montreal Conventions

David Cluxton

Edward Elgar Pub., c2022

  • : cased

大学図書館所蔵 件 / 全1件

この図書・雑誌をさがす

注記

Bibliography: p. 152-155

Includes index

内容説明・目次

内容説明

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.

目次

Contents: 1. Introduction to Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions 2. Vinculum (or vincula?) juris of the Convention 3. Death cases 4. Does the Convention create a cause of action? 5. Is the Convention's independent cause of action exclusive? 6. Conclusion to Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions Bibliography Index

「Nielsen BookData」 より

詳細情報

ページトップへ