Overview
This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions. Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions’ regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon. Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions will be a valuable resource for scholars and students of private air law, private international law and dispute resolution, while also being of great interest to aviation law practitioners and aviation insurers and policy-makers.
Full Product Details
Author: David Cluxton
Publisher: Edward Elgar Publishing Ltd
Imprint: Edward Elgar Publishing Ltd
Dimensions:
Width: 15.60cm
, Height: 1.60cm
, Length: 23.40cm
Weight: 0.402kg
ISBN: 9781802203530
ISBN 10: 1802203532
Pages: 176
Publication Date: 15 February 2022
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: To order
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Reviews
'Cluxton's thorough analysis and ultimate rejection of the US view on exclusivity is well thought out and worthy of a sober second look by the US Supreme Court.' - Alan H. Collier, AIR Legal Consulting, US
'I was impressed with the detailed analysis of the drafting and textual history of both Conventions as well as with the thoughtful analysis of the cases addressing the issue by the courts throughout the world. Particularly interesting is the discussion of U.S. jurisprudence where courts went from finding the Convention did not provide a cause of action to finding that the Convention provides the exclusive cause of action.' - Andrew J. Harakas, Clyde & Co LLP, US 'Cluxton's thorough analysis and ultimate rejection of the US view on exclusivity is well thought out and worthy of a sober second look by the US Supreme Court.' - Alan H. Collier, AIR Legal Consulting, US
'I was impressed with the detailed analysis of the drafting and textual history of both conventions as well as with the thoughtful analysis of the cases addressing the issue by the courts throughout the world. Particularly interesting is the discussion of U.S. jurisprudence where courts went from finding the Convention did not provide a cause of action to finding that the Convention provides the exclusive cause of action.' -- Andrew J. Harakas, Clyde & Co LLP, US 'Cluxton's thorough analysis and ultimate rejection of the US view on exclusivity is well thought out and worthy of a sober second look by the US Supreme Court.' -- Alan H. Collier, AIR Legal Consulting and Pepperdine University US
Author Information
David Cluxton, Independent Researcher
