Hava yuluyla yolcu taşımları ve manevi zarar Amerika Birleşik Devletleri (ABD) ve İngiltere mahkemelerinin yaklaşımları üzerine bir çalışma

Travelling by air is one of the most common ways of commuting in modern life which brings about many issues pertaining to passengers' rights such as recoverability of mental injury damages as well as physical injury damages. It is commonly accepted and supported by the legislative instruments as well as the case law of many jurisdictions and many international conventions that motor vehicle accident and rail accident victims can be compensated for their mental injuries. It is however the case that passengers travelling by air have consistently failed in their claims under the Warsaw and Montreal Conventions in respect of recoverability of mental injury damages. This controversy is the reason behind this thesis which provides an analysis of the international conventions on carriage of passengers by air by reference to their preparatory works, examines the approach of the US and UK courts to the interpretation of the relevant convention provisions and attempts to shed light on the differences between earlier and later case law and the reasons thereof. This work also looks at the medical approach to post-traumatic stress disorder (PTSD) which is now accepted as a physical injury and gives in account of how the courts recently considered this type of injury in their decisions.