The Convention for the Unification of Certain Rules Relating to International Carriage by Air of 1929 is a multilateral treaty that seeks to unify the legal regime the international carriage of passengers, baggage and cargo by air. One aspect of this regime is the regime of liability imposed on air carriers, which is characterised by a presumption of fault and liability on the carrier, thereby reversing the burden of proof, while at the same time imposing monetary limits to the damages for which the carrier is liable. / In the sixty-one years that the Convention has been in force, several points of controversy have arisen in the interpretation of the Convention. Of these, the main controversies are whether carriers are liable for mental injury under Article 17, whether punitive damages may be awarded to victims, and what is meant by willful misconduct under Article 25. / Since there are 126 States party to the Convention, the investigation of the above issues is necessarily multi-jurisdictional. The conclusion of the investigation is that in the course of judicial interpretation by the various courts, applying various approaches and guided by different policy considerations, the Convention has unfortunately become disunified.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.23917 |
| Date | January 1996 |
| Creators | Mah, Geoffrey |
| Contributors | Milde, Micheal (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001494815, proquestno: MM12233, Theses scanned by UMI/ProQuest. |
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