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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 AuthorsList 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
Guide to Global Real Estate Investment Trusts, Eleventh Edition
SKU:10059162-0005
Stefano Simontacchi, Ilona McElroy, Rosaleen CareyPrice: €237.00
Product Line-Kluwer Law International
ISBN-13-9789403546131
Guide to Global Real Estate Investment Trusts is a highly practical book featuring a comprehensive analysis of legal and tax underpinnings of REIT-friendly legislation in a variety of the world’s most significant jurisdictions. Presently, there are more than thirty REIT regimes globally, the majority of which were enacted over the last fifteen years. The book primarily focuses on building a fundamental knowledge of the most important available REIT legislation and providing a deep analysis of the regulatory and tax laws for the REITs, investors, lawmakers and finance authorities. With regard to the legal framework, the structure and functioning of a REIT are carefully investigated and explained.
In terms of tax issues, the book focuses on such critical issues as:
REIT formation, operation and liquidation;
mergers, acquisitions and dispositions; and
planning for public and private REIT offerings and re-securitizations.
Preface
General Reports
Stefano Simontacchi
Australia – Joshua Cardwell
Belgium-Grégory Jurion, Evelyne Paquet & Maya van Belleghem
Brazil-Eduardo Alves de Oliveira
Bulgaria-Damyan Leshev & Ekaterina Aleksova
Canada-Chris Vangou, Ken Griffin, Kevin Ng & Alex Howieson
Finland-Samuli Makkonen & Mikko Leinola
France-Philippe Emiel
Germany-Uwe Stoschek
Greece-Vassilios Vizas & Fredy Yatracou
Hong Kong-Kwok Kay (KK) So & Jacky Wong
Hungary-Gergely Juhász & Orsolya Bognár
India-Bhairav Dalal & Anish Sanghvi
Ireland-Ilona McElroy & Rosaleen Carey
Italy-Fabrizio Acerbis & Daniele Di Michele
Japan-Hiroshi Takagi, Adam Handler & Tomohiro Kandori
Malaysia-Jennifer Chang
Mexico-David Cuellar, Mario Alberto Gutierrez & Mario Alberto Rocha
The Netherlands-Jeroen Elink Schuurman, Serge de Lange & Arief Roelse
Singapore-Lim Maan Huey & Lennon Lee
South Africa-Kyle Mandy
South Korea-Taejin Park, Lee Jae-Dok, Hanna Kim & Sung Yeol Kim
Spain-Antonio Sánchez Recio, Javier Mateos & Carlos Bravo Gutiérrez
Turkey-Ersun Bayraktaroglu, Baran Akan & Birim Saran
United Kingdom-Jonathan Clements
United States-Tom Wilkin, David Gerstley, Adam Feuerstein, Julanne Allen, David Voss, Steve Tyler, Jordan Adelson & Cindy Mai
APPENDIX A
Tax Treaty Issues Related to REITs
APPENDIX B
The Granting of Treaty Benefits with Respect to the Income of Collective Investment Vehicles Public Discussion Draft 9 December 2009 to 31 January 2010 Centre for Tax Policy and Administration
3D Printing, Intellectual Property and Innovation: Insights from Law and Technology
SKU:10057248-0001
Rosa Maria Ballardini, Marcus Norrgård, Jouni Partanen
Price: €141.00
Product Line-Kluwer Law International
Product SKU-10057248-0001
ISBN-13-9789041183828
3D Printing, Intellectual Property and Innovation evaluates the tensions created by 3D printing (3DP) technology in the context of growing global economy. The term ‘3DP’ (or, more correctly, additive manufacturing) refers to the software-driven technologies that create physical objects by successive layering of materials. As a result of the improved quality of objects produced and lowered processing costs, the availability of these technologies has caused major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for IP protection and enforcement. This is the first book to discuss 3DP technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology and policy.
What’s in this book:
Twenty-five legal, technical and business experts have contributed sixteen peer-reviewed chapters, each focusing on a specific area. The topics covered include:
current and future business models for 3D printing applications;
intellectual property rights in 3D printing;
essential patents and technical standards in additive manufacturing;
patent and bioprinting;
private use and 3D printing;
copyright licences on the user-generated content (UGC) in 3D printing;
copyright implications of 3D scanning; and
traditional trademark infringement in the 3D printing context.Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering and regenerative medicine – are touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European IP law, particularly in patenting bioprinting technologies.
Preface
CHAPTER 1 3D Printing History, Principles and Technologies
Jukka Tuomi, Sergei Chekurov & Jouni Partanen
CHAPTER 2 Current and Future Business Models for 3D Printing Applications
Iñigo Flores Ituarte, Siavash H. Khajavi & Mika Salmi
CHAPTER 3 Intellectual Property Rights in the Era of 3D Printing
Marcus Norrgård, Rosa Maria Ballardini & Miia-Mari Kasi
CHAPTER 4 3D Printing and Intellectual Property Regulation: A Law and Economics Perspective
Max Oker-Blom
CHAPTER 5 Rethinking Additive Manufacturing and Intellectual Property Protection
William Cass
CHAPTER 6 Patenting Bioprinting-Technologies in the US and Europe: The Fifth Element in the Third Dimension
Timo Minssen & Marc Mimler
CHAPTER 7 Law and Technology of 3D Printing and Medical Devices
Dhanay Cadillo Chandler & Mika Salmi
CHAPTER 8 The Private and Non-commercial Use Defence Revisited: The Case of 3D Printing Technologies
Rosa Maria Ballardini & Nari Lee
CHAPTER 9 Essential Patents and Technical Standards in Additive Manufacturing
Liguo Zhang, Iñigo Flores Ituarte & Rosa Maria Ballardini
CHAPTER 10 Copyright Implications of 3D Scanning
Michael Weinberg
CHAPTER 11 Regulating Terms and Conditions of Copyright Licences on the User-Generated Content 3D Printing Platform
Kan He
CHAPTER 12 The Art of CAD: Copyrightability of Digital Design Files
Mikko Antikainen & Daniël Jongsma
CHAPTER 13 EU Design Law and 3D Printing: Finding the Right Balance in a New E-Ecosystem
Ana Nordberg & Jens Schovsbo
CHAPTER 14 Non-traditional Trademark Infringement in the 3D Printing Context
Taina Pihlajarinne
CHAPTER 15 ISP Liability in the 3D Printing Environment
Petteri Günther & Marcus Norrgård
CHAPTER 16 Implementing Digital Rights Management Tools for 3D Printing: Implications from the IPRs Perspective
Viveca Still
Bibliography
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