Air carrier's liability under the 1999 Montreal Convention: Death, bodily injury and delay of passenger

Air travel is by far the safest and fastest form of transport. The Montreal Convention 1999 ("Montreal Convention") establishes airline liability in the case of death, injury or delay to passengers or in cases of delay, damage or loss of baggage and cargo. The Montreal Convention modernizes and unifies all of the different international treaty regimes covering airline liability that have developed haphazardly since 1929. Despite its aim to unify diverse regimes regulating international air carrier's liability, only 112 of the 191 ICAO contracting States are parties to the Montreal Convention. The Montreal Convention has become effective for Turkey since 26 March 2011. My thesis aims to discuss various matters that fall within scope the Montreal Convention from the perspective of Turkish Law. The present study aims to answer many crucial questions for the Montreal Convention's application in Turkey regarding international carriage of passengers by an air carrier. My thesis concentrates on problematic sides of Montreal Convention both in Turkey and other State parties by discussing various court decisions from all around the world. By taking into main Turkish Law principles and foreign courts' decisions regarding Montreal Convention, my thesis aims to reach a workable solution for each problem. Keywords: Montreal Convention 1999, Warsaw Convention 1929, Two-Tier system of liability, scope of application, international carriage of passengers, courts of competent jurisdictions, air carrier's liability, in-flight disturbances, overbooking, accident, passenger, international flight, exclusivity of Montreal Convention, death, injury, delay