Master'sOpen Access

The liability regime of the international air carrier

2011
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Advisor: Doç. Dr. Köksal Kocaağa

Abstract (EN)

In this dissertation, the liability regime of the international air carrier has been examined in accordance with international conventions which aim the unification of law applied to resolve the disputes arising from international air transportation. The international air transportation of passengers, baggage, cargo and mail is a rich source of potential conflict of laws and conflict of jurisdictions since the various foreign elements in international carriage by air could involve nationality of the airline (air carrier); nationality or domicile of the passenger or shipper; points of origin, destination and agreed stopping places; place of the conclusion of the contract of carriage; place of the accident causing death or injury to passengers or damage to or loss of the baggage or cargo.The international conventions which have been taken into consideration in this dissertation can be listed as ?The Warsaw Convention of 1929?, ?The Hague Protocol (1955)?, The Guatemala City Protocol (1971)?, The Montreal Protocols (1975)? and ?The Montreal Convention of 1999?.This dissertation is composed of six chapters excluding introduction and conclusion parts. The introduction part shows the extent and the purpose of this dissertation. In the first chapter, the related international conventions and the scope of application of these conventions have been examined. In the second chapter, the carrier as the subject of the liabilty and the diversities of the carrier have been analysed. The liability of the international air carrier arising from the damage sustained in case of death or bodily injury of a passenger; the damage sustained in the event of the destruction or loss of or damage to cargo and the damage occasioned by delay in the carriage by air of passengers, baggage or cargo have been studied relatively in the third chapter. In addition to this; in the fourth chapter, the liability of the international air carrier arising from the acts and ommissions of its servants and agents has been dealt with. The exoneration of the air carrier from the liability has been discussed in the fifth chapter. Finally in the sixth chapter, the action for damages has been examined taking into consideration the jurisdiction, limitation of actions, arbitration and right of recourse against third parties. This dissertation is completed with the conclusion part evaluating generally the liability regime of the international air carrier.

Author

Tuba Birinci Uzun

How to Cite

Tuba Birinci Uzun (Master Thesis). The liability regime of the international air carrier, 2011, Akdeniz University.

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