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Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on

28 May 1999 (Montreal Convention of 1999)
SKU:10094692-0001
Elmar Giemulla, Ronald Schmid, Regula Dettling-Ott, Wolf Muller-Rostin
Price:€395.00


Convention for the Unification of Certain Rules for International Carriage by Air is an indispensable volume consisting of the full English text of the Montreal Convention of 1999 with detailed article-by-article annotation, including all developments to date in case law, legal literature, national and international legislation, and administrative law. After decades of controversy, a unified liability system for international carriage by air was established by the Montreal Convention of 1999, which came into force in November 2003. The legal labyrinth created by the numerous perplexing accretions that had attached themselves to the Warsaw Convention was replaced by the new convention.

What’s in this book:

The following crucial aspects of the ongoing developments have been addressed:

applicability of the Convention;
documents for carriage;
liability for death or injury of passengers;
liability for damages to baggage and cargo and for delay;
exoneration from liability;
carriage involving a contractual and an actual carrier;
time limits for filing a claim and forfeiture;
jurisdiction;
exclusivity of the Convention versus applicability of national law; and
insurance issues.

This unique book also features a synopsis comparing the Warsaw and Montreal Conventions, IATA Conditions and Resolutions, relevant European Union Regulations, and a list of the contracting parties to the Convention.


Table Of Contents
About the Authors

List of Abbreviations

Preface

Montreal Convention 1999

Introduction: The System of Liability under the Warsaw Convention and Its Further Development by the Montreal Convention

Elmar Giemulla

CHAPTER I – General Provisions

Article 1: Scope of Application

Elmar Giemulla

Article 2: Carriage Performed by State and Carriage of Postal Items

Elmar Giemulla

CHAPTER II – Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo

Article 3: Passengers and Baggage

Ronald Schmid

Preliminary Remarks on Articles 4–16

Wolf Müller-Rostin

Article 4: Cargo

Wolf Müller-Rostin

Article 5: Contents of Air Waybill or Cargo Receipt

Wolf Müller-Rostin

Article 6: Document Relating to the Nature of the Cargo

Wolf Müller-Rostin

Article 7: Description of the Air Waybill

Wolf Müller-Rostin

Article 8: Documentation for Multiple Packages

Wolf Müller-Rostin

Article 9: Non-compliance with Documentary Requirements

Wolf Müller-Rostin

Article 10: Responsibility for Particulars of Documentation

Wolf Müller-Rostin

Article 11: Evidentiary Value of Documentation

Wolf Müller-Rostin

Preliminary Remarks on Articles 12–15

Wolf Müller-Rostin

Article 12: Right of Disposition of Cargo

Wolf Müller-Rostin

Article 13: Delivery of the Cargo

Wolf Müller-Rostin

Article 14: Enforcement of the Rights of Consignor and Consignee

Wolf Müller-Rostin

Article 15: Relations of Consignor and Consignee or Mutual Relations of Third Parties

Wolf Müller-Rostin

Article 16: Formalities of Customs, Police or Other Public Authorities

Wolf Müller-Rostin

CHAPTER III – Liability of the Carrier and Extent of Compensation for Damage

Article 17: Death and Injury of Passengers: Damage to Baggage

Ronald Schmid

Preface to Article 18

Wolf Müller-Rostin

Article 18: Damage to Cargo

Wolf Müller-Rostin

Article 19: Delay

Ronald Schmid

Article 20: Exoneration

Elmar Giemulla

Article 21: Compensation in Case of Death or Injury of Passengers

Elmar Giemulla

Article 22: Limits of Liability in Relation to Delay, Baggage and Cargo

Elmar Giemulla

Article 23: Conversion of Monetary Units

Elmar Giemulla

Article 24: Review of the Limits of Liability

Elmar Giemulla

Article 25: Stipulation on Limits

Elmar Giemulla

Article 26: Invalidity of Contractual Provisions

Elmar Giemulla

Article 27: Freedom to Contract

Ronald Schmid

Article 28: Advance Payments

Ronald Schmid

Article 29: Basis of Claims

Elmar Giemulla

Article 30: Servants, Agents: Aggregation of Claims

Elmar Giemulla

Article 31: Timely Notice of Complaints

Elmar Giemulla

Article 32: Death of Person Liable

Elmar Giemulla

Article 33: Jurisdiction

Regula Dettling-Ott

Article 34: Arbitration

Regula Dettling-Ott

Article 35: Limitation of Actions

Regula Dettling-Ott

Article 36: Successive Carriage

Wolf Müller-Rostin

Article 37: Rights of Recourse Against Third Parties

Wolf Müller-Rostin

CHAPTER IV – Combined Carriage

Article 38: Combined Carriage

Wolf Müller-Rostin

CHAPTER V – Carriage By Air Performed by a Person Other Than the Contracting Carrier

Article 39: Contracting Carrier – Actual Carrier

Regula Dettling-Ott

Article 40: Respective Liability of Contracting and Actual Carriers

Regula Dettling-Ott

Article 41: Mutual Liability

Regula Dettling-Ott

Article 42: Addresses of Complaints and Instructions

Regula Dettling-Ott

Article 43: Servants and Agents

Regula Dettling-Ott

Article 44: Aggregation of Damages

Regula Dettling-Ott

Article 45: Addressee of Claims

Regula Dettling-Ott

Article 46: Additional Jurisdiction

Regula Dettling-Ott

Article 47: Invalidity of Contractual Provisions

Regula Dettling-Ott

Article 48: Mutual Relations of Contracting and Actual Carriers

Regula Dettling-Ott

CHAPTER VI – Other Provisions

Article 49: Mandatory Application

Elmar Giemulla

Article 50: Insurance

Wolf Müller-Rostin

Article 51: Carriage Performed in Extraordinary Circumstances

Ronald Schmid

Article 52: Definition of Days

Ronald Schmid

CHAPTER VII – Final Provisions

Article 53: Signature, Ratification and Entry into Force

Ronald Schmid

Article 54: Denunciation

Ronald Schmid

Article 55: Relationship with Other Instruments Connected with the Warsaw Convention

Elmar Giemulla

Article 56: States with More Than One System of Law

Elmar Giemulla

Article 57: Reservations

Elmar Giemulla

(Final Clause)

Elmar Giemulla

Annexes

Annex I-1: Synopsis of MC, WC, WC/HP

Annex I-2: Contracting Parties to the Montreal Convention 1999

Annex II-1: Recommended Practice 1724

Annex II-2: Recommended Practice 1601 Conditions of Carriage for Cargo

Annex II-3: General Conditions of Carriage for Passengers and Baggage (flight ticket GCC)

Annex II-4: General Terms and Conditions of Carriage of Cargo of Lufthansa Cargo Aktiengesellschaft as of March 2022

Annex II-5: IATA–Resolution 507 B Revalidated for effect 1 October 1989 with indefinite expiry – Use of Surface Transportation

Annex II-6: Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators

Annex II-7: COUNCIL REGULATION (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No. 2027/97 on air carrier liability in the event of accidents

Annex II-8: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004

Annex III-1a: International Civil Aviation Organization – Notification of Revision of Limits of Liability

Annex III-1b: International Civil Aviation Organization – Notification of Effective Date of Revised Limits

Annex III-2a: International Civil Aviation Organization

Annex III-2b: International Civil Aviation Organization

Bibliography