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Risk and Liability in Air Law
Informa Law, Sep 2009, Pages: 224
Risk and Liability in Air Law is the first book to analyse the relevant international conventions governing the liability of airlines to passengers and third parties on the ground from a risk perspective. The book analyses the transformation of the notion of risk over time and identifies the ways and the extent to which social perceptions have influenced the liability of airlines in the aftermath of safety accidents (Warsaw Convention System, Montreal Convention, Rome Convention, and New General Risks Convention) and terrorism-related incidents (New Unlawful Interference Convention).
The evolution of social perceptions of risk and technology in the 20th century is the main reason behind the legislative and judiciary-driven expansion of airlines' liability.
In an era in which the relationship of trust between the public and the aviation industry has been undermined, schemes managing the liability of airlines should be directed to cooperation, the reduction of litigation, and the socialisation of losses.
This new book provides:
- A succinct overview of social risk perceptions in the context of aviation
- Critical analysis of the major aviation treaties and their judicial legacy in the US and UK (Warsaw Convention, Hague Protocol, Montreal Convention, Rome Convention)
- A guide to understanding new liability exposures for carriers and third parties on the ground ( New Unlawful Interference and General Risks Conventions)
- A diagnosis of the contemporary liability regime's shortcomings, grounded in aviation case law
Review of Risk and Liability in Air Law:
'The book under review goes into some of the crucial questions of an honestly balanced system of imposing risk. It has been very well written with an enormous knowledge of the relevant literature, books, articles or documents. The whole history of air law comes to live again. This book cannot be read and digested in a lost hour. But as he tells us, a good fi nal product will be of enormous value to all of us in the future'
Wybo P. Heere
‘Book Review'. Air and Space Law 35, no. 2 (2010): 201–203.
'Overall the volume represents an origional and important academic study of private international air law. The author escapes the well trodden domains of what the international laws state, and rather focuses on the underlying policy decision determined by risk allocation. It is this approach which makes Risk and Liability in Air Law not only a key addition to the collection of air lawyers and readers, but will also represent an important contribution to the academic review of the tort law system.'
Annal of Air and Space Law, Vol. XXXV-I
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