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Conflict of labour laws in international air transport : an analysis of the American practice

This thesis deals with the problems of conflict of labour laws in international air transport, in the context of U.S. judicial practice in relation to the constitutional law-based labour statutes, employment accident statutes and labour management relation laws. / The first chapter provides an overview of the methodology adopted in conflict of labour laws under the U.S. jurisprudence, mainly focusing on the balancing-of-interests technique crystallised through precedents. The compatibility problem involved in dealing with conflicts within international airline industry is also briefly discussed. / A detailed review of different categories of labour statutes in later chapters reveals specific conflict of laws problems that could not be solved through any single rule, especially when in international air transport setting. The divergence between domestic labour statutes and Treaties of Friendship, Commerce and Navigation or Air Transport Agreements also create subtle circumstance. All these point to the conflict of labour laws in international air transport as a relatively unexplored sphere, and the desirability of international unification of certain principles. / The implications for the rather unique case of Taiwan are explored in chapter 5.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.69747
Date January 1993
CreatorsHuang, Chu Cheng, 1964-
ContributorsMilde, M. (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Air and Space Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001350152, proquestno: AAIMM91864, Theses scanned by UMI/ProQuest.

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