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Private International Air Law

ASPL 636

3 credits
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

  • Terms
    • Fall 2014
  • Instructors
    • Paul Stephen Dempsey

Description

Course objective:  This course seeks to introduce the students to the regime of domestic and international liability in aviation, with an emphasis on international liability law.  Liability of airlines, air navigation service providers, airports, aircraft manufacturers and governmental institutions are examined.

Download the full course outline- fall 2014 [.docx].

Description: 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, as amended and supplemented by several other international legal instruments, including the Montreal Convention of 1999.  The course also examines the basic framework of several other conventions, such as the Rome Convention on surface damage done by aircraft, and ICAO’s recent initiatives to revise the 1952 Rome Convention in the Montreal Conventions of 1999, as well as the liability exclusions for airlines and crew set forth in the Tokyo Convention and amendments thereto.    Insurance aspects and implications of the air carrier’s international liability will also be addressed.

Method of Evaluation:  80% of the grade will be based on the student’s performance on a 24-hour take-home exam.  The remaining 20% will be based on the student’s performance in on a written 7-10 page essay comparing, contrasting and analyzing material and/or cases discussed in the text with a case (or cases) not discussed in the text which reached a similar or different conclusion.  Essays shall be double spaced with 12 point font for the text, and 10 point font for the footnotes, with one-inch margins per page.  Appended to the essay should be a copy of all cases discussed in the student’s essay, except those addressed in the assigned reading materials.  The essay shall be due on the last scheduled day of class.  Late-submitted essays will have points deducted from their grade, depending upon the degree of tardiness; essays submitted more than seven days late shall receive a grade of zero.

Professor Information: Paul S. Dempsey. 3690 Peel Street, Suite 203; Tel. 514-398-8370; Email: paul [dot] dempsey [at] mcgill [dot] ca

Office hours: open door; or contact Ms. Maria D’Amico at maria [dot] damico [at] mcgill [dot] ca or 514 398-5095 to arrange for a meeting at mutually convenient day and time. Also, do not hesitate to contact the Professor via e-mail or after class.

Visiting Lecturers: Several visitors have been invited to the class. The dates of their presentations will be announced during the Semester


Recent Materials on Private International Air Law

International Air Carrier Liability for Death & Personal Injury: To Infinity and Beyond[.pdf]

International Air Carrier Liability for Death & Personal Injury: To Infinity and Beyond

Montreal v. Brussels: The Conflict of Laws on the Issue of Delay in International Air Carriage[.pdf]

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[.pdf]

The Application of EU Regulation 261/2004 in Crisis Situations - John Balfour 2010

Accidents & Injuries in International Air Law: The Clash of the Titans[.pdf]

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.

International Air Carrier Liability for Death & Personal Injury: To Infinity and Beyond[.pdf]

How international air carrier liability for death and bodily injury to passengers is assessed.

International Air Cargo & Baggage Liability and the Tower of Babel [.pdf]

A description of the principal issues surrounding air carrier cargo liability issues arising under the Warsaw and Montreal Conventions.

Liability for Air Navigation Services [.pdf]

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[.pdf]

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[.pdf]

Choice of law in U.S. aviation cases 50 years after the “revolution” -Steven Pounian

Brief on Forum Non Conveniens in International Air Law[.pdf]

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 - 9th Circuit - Brief of Paul Stephen Dempsey[.pdf]

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

Article on Forum Non Conveniens in International Air Law[.pdf]

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[.pdf]

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.