Sascha Hissler

The Liability Law in International Air Transport Sascha Hissler

Seminar paper from the year 2009 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,3, University of Applied Sciences Wildau (Wildau Institute of Technology (WIT)), course: Aviation Management, language: English, comment: Academic Paper to receive one Credit Point within the study program "Master of Aviation Management". Task and grading by a former CEO of German Airports Association (ADV) and former Representative of the Federal Republic of Germany to the Council of the International Civil Aviation Administration (ICAO) in Montreal, Canada. , abstract: Law in general is subdivided in two parts: in public law and in private law. Public law governs the relationship between individuals and the states whereas private law regulates the relationship between individuals. When it comes to the laws ruling the aviation world, we also have to divide into these two parts: the public international air law represented in general by the Chicago Convention (formally ?The Convention on International Civil Aviation" done at Chicago on 7 December 1944) and on the other side the private international air law, mainly represented through the Montreal Convention (formally ?Convention for the Uni?cation of Certain Rules for the International Carriage by Air"). The latter represents the liability law in international air transport, regulating the relationship between an air carrier and its customer, passenger, consignor or cargo shipper. It is supposed to replace the Warsaw Convention of 1929 which sets compensation levels for victims of air accidents, as well as liability for damage, delay or loss of baggage and cargo. This paper describes ?rst the historical way the Convention developed from Warsaw to Montreal and then goes into detail of the Montreal Convention with its achievements and de?ciencies. By quoting from the original, it is written very close to the wording of the Convention, emphasizing the parallels and differences of the Warsaw and the Montreal C