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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.31161 |
| Date | January 2000 |
| Creators | Guelfi, Audrey. |
| Contributors | Van Fenema, Peter (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: 001786315, proquestno: MQ70341, Theses scanned by UMI/ProQuest. |
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