Accidents & Injuries in International Air Law: The Clash of the Titans

Korean Journal of International Law, pp. 235-270, 2009

ANNALS OF AIR & SPACE LAW, Vol. XXXIV, Institute of Air & Space Law, McGill University, 2009

27 Pages Posted: 25 Oct 2011

Date Written: October 24, 2011

Abstract

This Article examines what is contemplated by the term "accident," what is meant by "bodily injury," and what damages are recoverable under Article 17 of both the Warsaw Convention of 1929 and the Montreal Convention of 1999. It examines differences in the jurisprudence of the US Supreme Court, the UK House of Lords, and the Australian High Court in interpreting these terms, and the problems posed by these different interpretations in achieving the uniformity of international aviation liability law contemplated by the Warsaw and Montreal Conventions.

Keywords: Warsaw Convention, Montreal Convention 1999, Accident, Bodily Injury, International Air Law, International Aviation Liability Law, Uniformity

Suggested Citation

Dempsey, Paul Stephen, Accidents & Injuries in International Air Law: The Clash of the Titans (October 24, 2011). Korean Journal of International Law, pp. 235-270, 2009, ANNALS OF AIR & SPACE LAW, Vol. XXXIV, Institute of Air & Space Law, McGill University, 2009, Available at SSRN: https://ssrn.com/abstract=1948757

Paul Stephen Dempsey (Contact Author)

McGill University - Faculty of Law ( email )

3690 Peel Street
Montreal, Quebec H3AIW9
Canada

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