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Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions
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Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions

9781802203530 Edward Elgar Publishing
David Cluxton, Independent Researcher
Publication Date: 2022 ISBN: 978 1 80220 353 0 Extent: 176 pp
This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions.

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This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions.

Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions’ regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon.

Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions will be a valuable resource for scholars and students of private air law, private international law and dispute resolution, while also being of great interest to aviation law practitioners and aviation insurers and policy-makers.
Critical Acclaim
‘I was impressed with the detailed analysis of the drafting and textual history of both conventions as well as with the thoughtful analysis of the cases addressing the issue by the courts throughout the world. Particularly interesting is the discussion of U.S. jurisprudence where courts went from finding the Convention did not provide a cause of action to finding that the Convention provides the “exclusive” cause of action.’
– Andrew J. Harakas, Clyde & Co LLP, US

‘Cluxton’s thorough analysis and ultimate rejection of the U.S. view on exclusivity is well thought out and worthy of a sober second look by the U.S. Supreme Court.’
– Alan H. Collier, AIR Legal Consulting and Pepperdine University, US
Contents
Contents: 1. Introduction to Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions 2. Vinculum (or vincula?) juris of the Convention 3. Death cases 4. Does the Convention create a cause of action? 5. Is the Convention’s independent cause of action exclusive? 6. Conclusion to Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions Bibliography Index
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