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Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May 1999 (Montreal Convention of 1999)

Elmar Giemulla , Regula Dettling-Ott , Ronald Schmid , Wolf Müller-Rostin

Law / Air & Space

After decades of controversy, a unified liability system for international carriage by air was established by the Montreal Convention of 1999, which went into force in November 2003. The new convention replaced the legal labyrinth created by the numerous perplexing accretions that had attached themselves to the Warsaw Convention. In this indispensable volume, air law professionals will find the full English text of the Convention with detailed article-by-article annotation, including all developments to date in case law, legal literature, national and international legislation, and administrative law.

The commentary covers ongoing developments in such crucial aspects as the following:

  • applicability of the Convention;

  • documents for carriage;

  • liability for death or injury of passengers;

  • liability for damages to baggage and cargo and for delay;

  • exoneration from liability;

  • carriage involving a contractual and an actual carrier;

  • time limits for filing a claim and forfeiture;

  • jurisdiction;

  • exclusivity of the Convention versus applicability of national law; and

  • insurance issues.

In addition to the article-by-article annotation, the book features such useful information as a synopsis comparing the Warsaw and Montreal Conventions, IATA Conditions and Resolutions, relevant European Union Regulations, and a list of the contracting parties to the Convention.

Given that the Montreal Convention’s application during its first 20 years has already documented a promising and forceful new beginning in the complex area of air transport liability, this incomparable research tool will provide an enormous wealth of information and guidance for anyone who deals with legal issues arising from civil air law, including lawyers, policymakers, insurers and academics.

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