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Abstract:
The discussion on whether the Montreal Convention of 1999 provides an exclusive remedy or an exclusive cause of action for injuries and damages have direct influence on the issue of compensation for moral damages. Interesting new trends on this matter are analyzed in this article.

Montreal Convention of 1999, exclusive remedy, exclusive cause of action, compensation, moral damages, accident, injury

Abstract:
Beginning the year of 2008, a landmark ruling was issued by the Canadian Transportation Agency (CTA): the decision ordered some carriers to adopt a “one person-one fare” policy for persons with severe disabilities who travel within Canada by air. The rule provided the airlines a one-year period for the implementation of the new policy. Such decision was unsuccessfully challenged before a Canadian Federal Court and the Supreme Court of Canada. Hence, the rule became effective as of January 10, 2009. This article analyzes this decision, as well as the legislation in force in the European Union and the United States addressing the rights of air passengers with disabilities. It is also included a brief commentary on the pertaining rules contained in Annex 9 of the Chicago Convention and the most relevant and recent jurisprudential developments in this matter are summarized. In addition, the possibility of adoption of a similar regulation in other countries and some nuances derived of the construction and implementation of the Canadian regulation are presented.

persons with disabilities, discrimination, One person-One fare Policy, Canadian Transportation Agency, ICAO Annex 9, EU Regulation 1107/06, US Air Carrier Access Act

Abstract:
The airline business currently shows a tendency to increase the number of several forms of association between carriers, as a way to tackle the financial problems they are facing.

Air carriers, substantial ownership, effective control,merger, acquisition

Abstract:
The article covers the historical process that led to the inclusion in the Montreal Convention of 1999 of the concept of a jurisdiction based on the place where a claimant has his/her regular place of residence. It particularly analyzes the historical scenario in which the idea of a "fifth jurisdiction" made its formal debut, when the efforts undertaken by IATA to create private liability agreements seemed to represent the only way to keep the old Warsaw System alive. It explains in detail how the United States, through successive Orders issued by the Department of Transportation, endeavored to attach its antitrust approval to such conversations to the explicit inclusion of a "lex domicilii" provision in such agreements, and why this concept was of great importance to American interests. In its conclusion, the article describes how the fifth jurisdiction finally became a reality under the new legal regime, despite numerous previous unsuccessful attempts at incorporating it into the law.

Montreal Convention of 1999, Fifth Jurisdiction, Jurisdiction, Domicile

Abstract:
Internet has metamorphosed - among other aspects of modern life - the way commercial transactions is conducted. Air transportation is not an exception to this rule, and the e-documents - particularly the e-ticket - are perhaps the most eloquent prove of such assertion.

E-commerce, e-contracts, air transportation, e-ticket, jurisdiction

Abstract:
Though usually legitimate, labor claims may sometimes produce undesired results. An interesting recent case proves so.

Airlines, labor, collective agreements

Abstract:
The Deep Vein Thrombosis (DVT) syndrome is not new. Historical experience establishes that there is a connection between DVT and sitting still for a long period of time, whether this is in a deckchair on a ship, a desk chair, an automobile, a bus, a train, a chair in one’s living room and now in an aircraft seat, regardless of the class of service. However, litigation over this matter in air transportation is relatively recent. Until not many years ago, the enormous majority of the jurisprudence thereto related had been delivered in common law jurisdictions, and it evidenced a clear and firm trend. At the same time, forecast of the outcomes of such litigation in civil law countries remained uncertain.This scenario started changing with the issuing of verdicts rendered in several non-common law jurisdictions.This article intends to summarize the current status of this issue.

Deep Vein Thrombosis, DVT Litigation, Air Carrier Liability

Abstract:
The current economic turmoil severely affects airlines. However, crisis is not a word that results strange to this industry, due to its distinctive features.

Abstract:
Argentina has recently passed a domestic law that approves the ratification of the Montreal Convention of 1999. This is an important step forward that aligns the country with the current trend in international air carrier liability. This paper analyzes the main features of such convention and discusses what its benefits are.

Montreal Convention of 1999, International Air Carrier Liability