Treaty Legal Research

Treaty Legal Research

The Liability Of Air Carrier Managers In International Law

Document Type : Original Article

Authors
1 No 35- Baharestan 19 street- JannatAbaad North Street- Tehran- Iran
2 Allameh tabatabaei uiversity
3 Allameh tabatabai university
Abstract
The framework of the airline's liability in international air travels is specified in the "Warsaw System", which includes the Warsaw convention 1929 and its amendments. One of the most important purposes of the Warsaw convention was the integration of the air transport provisions. But as time passed, regard to the developments of aviation industry, amendments of the convention caused a conflict of legal provisions and finally this issue led to the failure of this international instrument in achieving the aims of Warsaw convention 1929.
Consequently, international efforts to solve the problem of conflict, led to the adoption of the new Montreal convention called "Convention for the Unification of Certain Rules for International Carriage by Air 1999" which was accepted by the majority of states. The purpose of this study is to explore and compare the air carrier's liability system for passengers under the Warsaw and Montreal conventions and evaluate the initiatives of the new system with a view to its benefits for Iran.
 
Keywords
Subjects

Farsi
Book
1. Jabbari, Mansour, Law of the International Air Force, Tehran: Forouziz Publication, 2010.
2. Jabari, Mansour, A Review of the Documents Governing the International Air Transport Rights and its Development, Journal of Law and Policy Research, No. 26, 2009
3. Jabbari, Mansour, Azizi, Ibrahim, increase or decrease of the contract for the responsibility of air carriers, Useful Laws 2006, 2
4. Dolion, Pablumonds, Aescon, Werner, Montreal Convention: Analysis of some of the modern and integrated aspects of the Warsaw system, translation of Massoullah Bana Nayzeri, Journal of the Office of Legal Services of the President of the Republic on March 31, 2004
Laws and regulations
5. Law allowing the Government of Iran to accede to the Warsaw Convention of 1929 and the 1955 Protocol to the Hague and the 1961 Guadalajara Convention and the 1971 Protocol of Guatemala
6. The Law on Determining the Liability of Iranian Airlines approved in 2012
English
7. Buff, Andrea L, Reforming the Liability Provisions of the Warsaw Convention: Does the IATA Inter-carrier Agreement Eliminate the Need to Amend the Convention?, Fordham International Law Journal 20,1996
8. Banino, Bartholomew J, Recent developments in air carrier liability under the Montreal convention, The Brief 38,2009
9. Bo, Jiang, International Air Carrier's Liability to passengers under the Warsaw Convention 1929 and the Montreal Convention 1999, Golden Gate University School of Law, 2006.
10. Jabbari, Mansour, shoarian, Ebrahim, legal aspects and advantage s for Iran to ratify the 1999 montreal convention with emphasis on Islamic law, Intl. J. Humanities 18, 2011
11. Larsen, Irene, Regime of Liability in Private International Air Law - with Focus on the Warsaw System and the Montreal Convention 1999, Student erafhandling 2, 2002
12. Paulsson, Karin, Passenger Liability, according to the Montreal Convention 1999, Faculty of law University of Lund, 2009
13. Serrao, Jacqueline, montreal convention of 1999:a well-worn Restructuring of liability and jurisdiction, McGill University Montreal, 2006
14. Wahlen, Thomas J,The New Warsaw Convention: The Montreal Convention, Air and space law 25,2000
15. WeiIgand, Torya, The Modernization of the Warsaw Convention and the New Liability Scheme for Claims Arising Out of International Flight, Massachusetts Law Review, 2000
Internet resources
16. Icao." Postal history international legal instruments before icao."available at:
http://www.icao.int/secretariat/postalhistory/international_legal_instruments_before_icao.htm
17. Icao." Guadalajara_EN.pdf."available at: http://www.icao.int/secretariat/legal/List%20of%20Parties/Guadalajara_EN.pdfJacqueline Etil
18. Icao." Guadalajara_EN.pdf." available at: http://www.icao.int/secretariat/legal/List%20of%20Parties/MP4_EN.pdf
 

  • Receive Date 26 February 2018
  • Revise Date 24 May 2018
  • Accept Date 20 March 2018