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The Fifth Jurisdiction: The 'American Dream'

Annals of Air and Space Law, Vol. XXXIV, 2009

44 Pages Posted: 1 Oct 2009 Last revised: 31 Jan 2010

Norberto E. Luongo, LL.M.

Institute of Air and Space Law

Date Written: September 30, 2009


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.

Keywords: Montreal Convention of 1999, Fifth Jurisdiction, Jurisdiction, Domicile

Suggested Citation

Luongo, LL.M., Norberto E., The Fifth Jurisdiction: The 'American Dream' (September 30, 2009). Annals of Air and Space Law, Vol. XXXIV, 2009. Available at SSRN:

Norberto Ezequiel Luongo (Contact Author)

Institute of Air and Space Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
514-398-5095 (Phone)

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