The Montreal Convention


The Montreal Convention

A Commentary

9781800889859 Edward Elgar Publishing
Edited by George Leloudas, Professor, Institute of International Shipping and Trade Law (IISTL), School of Law, Swansea University, UK, Paul S. Dempsey, Tomlinson Professor Emeritus of Air & Space Law, Director Emeritus, Institute of Air & Space Law, McGill University, Montreal, Canada and Laurent Chassot, Partner, gbf Attorneys-at-law Ltd, Geneva, Switzerland
Publication Date: December 2023 ISBN: 978 1 80088 985 9 Extent: 734 pp
This unparalleled reference work on airline liability is written and edited by internationally revered experts and presents a comprehensive, article-by-article analysis of the Montreal Convention 1999 (MC99).

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This unparalleled reference work on airline liability is written and edited by internationally revered experts and presents a comprehensive, article-by-article analysis of the Montreal Convention 1999 (MC99).

Adopting a comparative, doctrinal approach, the Commentary outlines the origins of the MC99 and its evolution, before drawing particular focus to air passenger and cargo practices and liability, issues of multimodal carriage, and the development of new technologies. Offering a forward-thinking perspective, chapters also bring to light key scholarly debates concerning the potential revisions to the MC99 and highlight the likely need for reform.

Key Features:

• Provides a contextual and comparative approach
• The most thorough contemporary treatment of the MC99
• Examines the contemporary judicial trends in interpreting the MC99
• Written by 36 leading aviation lawyers and eminent academics from across the globe
• Detailed article-by-article analysis of the MC99, surveying its meaning and application

Contributing to a deeper understanding of the MC99 and its practical implications, this authoritative Commentary is a fundamental resource for aviation lawyers in private practice and in-house, as well as industry professionals. It will also be a reference source for scholars of aviation and transport law.
Critical Acclaim
‘The successful development and ratification of the Montreal Convention 1999 was historic because all previous attempts to modernize and consolidate the Warsaw Convention of 1929 for the Unification of certain rules relating to international carriage by air had led to less unification and more dissatisfaction.Professor Leloudas, Professor Dempsey and Attorney Chassot, as well as the impressive selection of foremost international experts in aviation law, must therefore be commended for their most comprehensive Article-by-Article analysis of the Montreal Convention 1999 in this essential tool for all aviation lawyers worldwide, be they in private practice, in public service or in-house, and indeed for all those interested in aviation!’
– Vijay Poonoosamy, Partner at Dentons, Barrister, Chairman of the Aviation Group of World Tourism Network, Rapporteur of the Legal Committee of ICAO on the Modernization and Consolidation of the Warsaw Convention System, Chairman of the ICAO Special Group on the Modernization and Consolidation of the Warsaw System and Chair of ICAO’s Drafting Group on the 1999 Montreal Convention for the Unification of Certain Rules for international Carriage by Air

‘Governing the disposition of liability claims arising in international aviation just about everywhere, the Montreal Convention 1999, like the Warsaw Convention that preceded it, is one of the world’s most important private international law treaties. George Leloudas and his expert cadre of co-editors and writers have produced an immensely useful and highly practical guide to the MC99 regime. Its clear and accessible discussions of the treaty’s articles are hugely enhanced by the inclusion of drafting history, notes on commercial context, and issues of interpretation, all copiously documented. The book is destined to become a standard reference on the treaty and a must-have for law libraries everywhere. While it will serve as an excellent primer for lawyers and others new to aviation liability cases, even seasoned practitioners will find great value in this impressively researched volume.’
– Jeffrey N. Shane, former General Counsel, International Air Transport Association

‘This is a very timely publication reviewing the Montreal Convention, a quarter of a century after its adoption. An erudite and detailed analysis of the Convention itself and its interpretation, which is an invaluable resource for aviation (re)insurance underwriters and claims adjusters to use in informing their current assessment of exposures to passenger liability and baggage claims around the world. Many congratulations to Professors Leloudas and Dempsey and Dr Chassot for bringing together so many expert practitioners in the various aviation specialties and jurisdictions in order to provide such a comprehensive tome!’
– Marko Ninkovic, Head of Claims – Specialty, Brit, UK

‘Thank you to Professors Leloudas, Dempsey and Attorney Chassot, as well as the impressive cohort of international contributors from the foremost experts in aviation law, for this very comprehensive Article-by-Article analysis of the Montreal Convention 1999. This is an essential tool for all air law practitioners, be they in private practice or in house or anyone interested in aviation!’
– Louise-Hélène Sénécal, Vice President and General Counsel, Air Canada
Contributors include: Barry S. Alexander, Filippos Alexandrakis, José Ignacio García Arboleda, Bartholomew J. Banino, Damara L. Carousis, Laurent Chassot, Michael Chatzipanagiotis, Philip Chrystal, Paul S. Dempsey, Andreas Dimopoulos, Michael Gill, Cyril-Igor Grigorieff, Andrew J. Harakas, Auguste Hocking, Julia Hörnig, Anna Konert, Robert Lawson, Jae Woon (June) Lee, Marissa N. Lefland, George Leloudas, Christopher Loxton, Carlos Martins, Peter Neenan, Sebastián Fernández Peña, Michele M. Comenale Pinto, Grégory Laville de la Plaigne, Christophe Platel,Timothy M. Ravich, Elisabetta G. Rosafio, Wolf Müller-Rostin, Nicolás Mallarino Rubiano, Daniel B. Soffin, Arlette Tanga Afouba, Romain Verté, Brittany C. Wakim, Daniel Wand, Luping Zhang

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