The purpose of this thesis is to offer an overview of current legislative situation in international carriage of goods. Special attention is dedicated to carrier's liability in international transport of goods. In a global world, it is vital to keep balance between the rights and duties of both the carrier and the shipper. Otherwise, international trade would become next to impossible to perform. Therefore, dealing with the topic of carrier's liability might clarify certain aspects and possibly bring benefits to both contracting parties. This thesis consists of nine chapters. The three initial chapters present private international law and its methods. Next, the question of liability is briefly introduced. Finally, basic terms such as the carrier and the shipper are defined. In one of its subdivisions, the third chapter also mentions national regulations relevant to the topic discussed. On the contrary, the thesis as a whole addresses rules contained in international treaties. The following chapters are targeted on individual modes of transport, in order of appearance: carriage by rail, carriage by road, carriage by air, carriage by sea, carriage by inland waterways. However, not all of them are granted equal attention. The chapters covering carriage by road and by sea are essential. The reason for...

Topical issues of the regulation of international carriage Abstract The topic of this thesis is international air carriage and its legal regulation which is, due to the highly international nature of air carriage, mainly International and EU. The thesis is systematically divided into 5 main parts. The introductory part is focused on carriage and air carriage in general. It provides definitons of basic concepts, with which the following sections work, a brief historical outline and also current issues and challenges in international carriage, thus bringing this topic to the reader in a detailed perspective. Another discussed point are the international organizations authorized to issue legislation and how they have recently gone through some changes. The second part is dedicated to legislation; especially International and EU legislation. An Interpretation is also provided to the Czech legislation. However, this only plays a rather complementary role, resulting from the highly international character of air carriage. The following two parts are, according to the nature of air carriage, divided into cargo and passenger transport legislation and they are focused mainly on liability of an air carrier. The fourth part also aims to inform the readers about passengers rights arising from air carriage legislation,...

Current issues in International Carriage by Air Abstract The thesis deals with selected topical issues that may arise in today's international civil air transport in the context of the global pandemic of the COVID-19 disease from the perspective of private international law. The first chapter deals with the history and relevant sources of legal regulation of international civil air transport and their interrelationship. The second chapter addresses the legal status of COVID-19 in the contractual relations of international carriage by air and mentions various past and present initiatives to combat the pandemic by selected states and the International Civil Aviation Organization. The third chapter deals with the theoretical concept of the issue of air carrier liability for damage resulting from the infection of a passenger with COVID-19. It seeks to do so by interpreting and analyzing the relevant terms and, at the same time, the applicable foreign case law and literature. The fourth chapter focuses on the jurisdictional rules in disputes over such damages and compares the current differences in the interpretation and application of these rules by the US and European judiciaries. Keywords: COVID-19, Air carrier's liability, Jurisdiction

76 Abstract Topical issues of the regulation of international air carriage The object of this presented thesis is to inform readers about the phenomenon of the international air carriage. This rapidly growing transport industry is bringing attention mainly because of its thorough practical usability. The first part of the thesis is dedicated to the specification of the basic concepts, these will be found in the rest of the thesis all through. To comprehend the actual topical issues it is essential for the reader to familiarize with the historical development of the air carriage. Especially in the 20th century the air carriage went through a swift progress that lead to a recent modern aerial transportation for long distances as we know these days. The second part draws attention into the basic legal sources of the air carriage concentrating not only on the international and European level but also on the Czech laws. Transport customs are not omitted, neither is practice of the courts that has a growing importance. Author of this paper engages in particular rights of the passengers in the air transportation and subsequent liability of the carrier in the third part of the thesis. Recently travelling through the air has become a very commonly used method of transport. From this reason it is necessary to point...

Topical issues of the regulation of international air carriage The object of this thesis is the regulation of international air carriage, which is by its nature governed mainly by international treaties and secondary law of the European Union. The thesis is divided into five parts, which are cross-sectional focused on all aspects of air carriage. The first part informs about the historical development of aviation and its contemporary importance especially with regard to its economic and environmental significance. Basic concepts which can be found by readers in this thesis are not omitted as well. The second part focuses on the regulation of international air carriage from the perspective of International, European and Czech law. As mentioned in this thesis, the carrier's liability when the loss event that is expected by legislators happens is governed mainly by international treaties and secondary law of the European Union, that is why the third part is focused on its most important legal sources also with the regard to their interrelation which was defined by the Court of Justice of the European Union. Since it is necessary to extensively inform passengers about their rights, the author decided to do so in the fourth part of this thesis, which deals with the passengers' claims, in the case of...

1 Abstract The diploma thesis is focused on the issue of the carrier's liability in the international carriage of goods. The topic is narrowed to the carriage by sea, being the most significant mode of carriage as regards the volume of carried goods; its international regulation is disunited and full of specifics justifying the need for a deeper analysis. Relevance of the topic consists in gradual establishment of new trends of transport, technological development and particularly in the continuing need for unification of the legal regulation. The objective of the thesis is to introduce and analyze the respective rules, to compare the rules with each other and to evaluate them. The first chapter is dedicated to a theoretical introduction containing a definition of the liability and providing basic information about transport, carriage and subjects and division thereof. Regulation of carriage according to the Czech law is comprised in this chapter as well. The second chapter is aimed at the carriage by sea in a broader context. This chapter deals with characteristics of this mode of carriage, especially as for division thereof, types of transport documents and typical subjects. Further, the basics of the Czech, European and international regulation of the carriage by sea are outlined. The third chapter is...

Topical issues of the regulation of international air carriage The main purpose of this work is to provide its readers with an overview of the many facets of passenger rights in such dynamic area as international air carriage. Development in this area has given rise to issues and challenges, including the overlapping of legal and geographical scopes of different air passenger protection instruments. Over the last decades, several air passenger protection regimes have developed across the world, in particular on international, European Union and national level. But does the patchwork work? The history of multilateral regulation in the field of international air transport with regard to air passenger rights could be said to have begun in 1929 when the Warsaw Convention was originally signed. The importance of the convention lies in unification of the rules concerning the documents of carriage and the liability of air carriers. In 1955 the Warsaw Convention was amended by the Hague Protocol, which substantially redrafted, modernized and simplified rules relating to the documents of carriage as well as doubled the limit of carrier liability with respect to persons. The Warsaw Convention's application was subsequently extended to the carriers actually performing the transport by air when a passenger...

Le transporteur est tenu d’une obligation de résultat, dont l’inexécution engage automatiquement sa responsabilité, dès lors qu’il en découle un préjudice. Mais il peut se libérer de sa responsabilité en prouvant l’existence d’une cause d’exonération. Considérée comme un obstacle à l’indemnisation, l’exonération sera appréciée avec plus ou moins de méfiance, selon le mode employé et l’objet transporté. A cet égard, il convient de distinguer le transport de passagers et le transport de marchandises. La prise en compte croissante du besoin de protection du passager fait évoluer le régime auquel est soumis le transporteur. L’analyse de cette évolution est indispensable à la recherche d’un fondement commun à la responsabilité du transporteur. Considéré comme une victime, le passager devient le pivot du régime applicable au transporteur, lequel cesse d’être un régime de responsabilité. Au contraire, lorsque la responsabilité demeure, la défense exonératoire révèle le fondement rationnel de la responsabilité du transporteur : sa faute. / The carrier is under an obligation of result, the nonfulfilment of which he /she will be automatically held liable for, as soons as damage arises. Yet he can escape liablitiy if he can prove the existence of a ground for exemption. Considered as an impediment to compensation, the exemption will be assessed with more or less suspicion, depending on the transport mode and the cargo. In this respect, there should be a distinction made between the transport of passengers and goods. As the passenger’s need for protection is more and more taken into account, this causes the regime governing carriers to evolve. Analyzing these developments is essential to look for a common ground for the carrier’s liability. Considered as a victim, the passenger becomes the pivot of the regime applicable to the carrier, this regime being no longer a system of liablity. On the contrary, when liability remains, the defense based on exemption reveals the rationale behind the carrier’s liability: his fault.