The Warsaw Convention 1929 is the first international instrument relating to private international air law. It established a certain uniform set of regulations in the field of international carriage by air. This widely accepted Convention was later amended and supplemented by several instruments in order to adjust and adapt this uniform set of rules to the rapid growth of aviation industry. With the absence of consolidation, the result was total confusion created by the coexistence of multiple legal regimes of the Warsaw System. To modernize and consolidate the instruments of the Warsaw System into one single instrument, the Montreal Convention was adopted on May 28, 1999. / The first two chapters of this thesis explore the Warsaw System and the Montreal Convention. The merits and demerits of the instruments are discussed as well as the future of the Montreal Convention 1999. / In the last chapter, the related legal regimes of Thailand are introduced. A comparative study of the Thai laws and the international Conventions are carried out, with a view to determine the advantages and disadvantages for Thailand of becoming a party to the Conventions governing the international carriage by air. / The conclusion is a call for Thailand to ratify the Montreal Convention 1999 which will soon come into force, as soon as possible.

No description available.

No description available.

No description available.

At the international level, standards and recommended practices adopted by the ICAO have settled the general framework followed by States in the provision of ATC services. However, as those international instruments have no binding effect, liability of air traffic controllers is governed by national regulations. Therefore, if in both the United States and France the liability regime is based on fault, nevertheless the nature of the fault and the one of the duties of air traffic controllers, as determined by the courts of each States, differ. This lack of uniformity is also obvious regarding the comparison between controllers' and pilots' liabilities. To mitigate the consequences of the deficiency of harmonisation, taking into account technical improvements inherent to the field of ATC and, broadly, to air navigation, two solutions have been suggested. The first one, Free flight, is still under study whereby the second one, privatisation, has already been successfully implemented in several countries and, while being strongly considered by the French government, has by now been initiated by the American one. However, we will have no option but to ascertain that such solutions will not solve the problem pertaining to disparities of regulations and holding of the courts on the matter of air traffic controllers' liability.

No description available.

No description available.

No description available.

Generally, the thesis relates modern technological developments in air traffic and air traffic control services to their legal regulation. It discusses the possible ways in which the liability of air tratfic control agencies could be regulated internationally. [...]

Recognised as an excellent tool for competition in the current liberalised framework of international air transport, code-sharing is becoming a common practice, as an integral part of the activity of an airline, with obvious implications for both airlines and passengers. / This thesis presents two predominant legal implications of such a practice, involving two carriers for a single flight: the contracting carrier and the operating carrier. / First, this study aims at examining the relationship between users/passengers and code-share partners, more particularly identifying the practice as misleading due to the non-disclosure of the actual operator of the flight, which is magnified by the inaccuracy and shortcomings of computerised reservation systems (CRS). The regulatory framework in this regard is described and the legal obligation to disclose the identity of the actual carrier is given top priority. The delimitation of operational responsibilities will also be addressed (inadmissible passengers, overbooking and baggage concerns). The private agreement between the code-share partners will be given importance in ascertaining the liability issues. / Second, the current international liability regime is analysed with a view to consider the code-sharing scenario. The potential conflict between the different international legal regimes governing air carriers' liability is highlighted in order that this aspect be taken into account by the code-share partners in their contractual agreement. / Last but not least, some provisions of the new Montreal Convention of 28 May 1999 will be examined. A closer look will be given specifically to those provisions of Chapter V that are particularly applicable to a code-sharing situation.