Private International Air Law
Air & Space Law: Sources of private international air law. Conflicts of laws. Unification of law of liability. Liability for damage on the surface, liability of the ATC and CNS/ATM providers. Rights in aircraft and their international recognition.
Offered by: Air and Space Law
- Fall 2014
- Paul Stephen Dempsey
This course examines the unification of private international air law through the adoption of international conventions. In particular, it reviews the liability of the air carrier towards passengers and shippers under the Warsaw Convention system and under the Montreal Convention of 1999. The course also examines the basic framework of several other conventions, notably the 1952 Rome Convention on surface damage caused by aircraft, and the two conventions adopted by ICAO in 2009 to replace the Rome Convention (the Unlawful Interference Convention and the Ground Damage Convention). Jurisdictional and choice of law issues in relation to matters not covered by international agreement, notably manufacturers’ liability, will be reviewed en passant. The course will also deal en passant with the international regime for aircraft financing established by the Cape Town Convention/Aircraft Protocol.
- Learning Objectives: By the end of the course, students should:
- be able to think critically about private international air law legal policy issues;
- be able to speak and write with fluency and authority on private international air law issues of some complexity
- Academic Integrity: McGill University values academic integrity. Therefore, all students must understand the meaning and consequences of cheating, plagiarism and other academic offences under the Code of Student Conduct and Disciplinary Procedures (see www.mcgill.ca/integrity).
- Evaluation: refer to the most recent Course Offerings document found on the SAO's Current courses & registration information page, from which the latest exam schedules can also be downloaded.
- Paul Stephen Dempsey and Michael Milde, International Air Carrier Liability: The Montreal Convention of 1999 (Montreal: McGill Centre for Research in Air & Space Law, 2006) – available for purchase from IASL
- selected doctrinal sources and jurisprudence
- selected international Instruments and texts (as referred to in the outline)
Recent Materials on Private International Air Law
International Air Carrier Liability for Death & Personal Injury: To Infinity and Beyond
In recent years, the European Union (EU) has promulgated several ‘consumer protection’ regulations that address a variety of airline passenger issues, including flight delay, cancellation, and denied boarding
The Application of EU Regulation 261/2004 in Crisis Situations - John Balfour 2010
Describes how courts interpret the concepts of what constitutes an “accident” and what damages are recoverable (including emotional damages) under Article 17 of the Warsaw and Montreal Conventions.
How international air carrier liability for death and bodily injury to passengers is assessed.
A description of the principal issues surrounding air carrier cargo liability issues arising under the Warsaw and Montreal Conventions.
This document oversees liability for air navigation services.
Surface Damage Liability[.pdf]
Issues of third-party liability for surface damage by aircraft in international aviation.
Passenger Liability Litigation in the UK and the US: Harmonisation (?) and Trends - George Leloudas 2010
Choice of law in U.S. aviation cases 50 years after the “revolution” -Steven Pounian
This Brief, filed before the US Court of Appeals for the 11th Circuit, addresses the issue of the applicability of the doctrine of forum non conveniens under the Montreal Convention of 1999.
UPS Supply Chain Solutions vs. Qantas Airways - Brief of Amicus Curiae Paul Stephen Dempsey in Support of Appellee Qantas Airways Ltd and Supporting Affirmance of District Court’s Decision
This article addresses the issue of forum non conveniens under the Montreal Convention of 1999.Brief on Forum Non Conveniens in International Air Law.
IATA 2011 Legal Symposium Developments in Forum Non Conveniens -Bruce McDonald, Jones Day Paul Dempsey, McGill Institute of Air & Space Law Debra Fowler, U.S. Department of Justice Allan Mendelsohn, Cozen O’Connor Éric Vallières, McMillan LLP.