AIRCRAFT LAW Essay Research Paper AIRCRAFT LAW — страница 2

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especially, who is responsible for payment of damages resulting from airline litigation. The internal factors politicizing the arenas of aircraft liability are the economic competition issues resulting from anti-trust regulation of airlines. The traditional air law has not kept pace with problems associated with mass air transportation, the impact of global economy, the impact of aerospace industry on property rights and privacy, and noise and pollution. However, the industry has instituted important regulation governing monopolies within nations solely based on sovereign control of airspace. This is particularly evidenced in the doctrine arising out of the Chicago Convention. The Warsaw Convention, the subsequent Chicago Convention and the Montreal Agreement serve as a balancing

act for limiting aircraft liability within sovereign states. Therefore, the issues related to expansion of the role of national law in adjudicating claims arising in the course of international transportation are under the purview of these related conventions and treaties. Furthermore, the convention realized that the international aviation policy of the future has to encompass major problems of mass air transportation and the increasing degree of interdependence within the aviation community. As such, the existing conventions must rely on the responsibility of air traffic control services and regulations. Liability would then be based on proof of fault, however it would be limited in nature, and the convention would facilitate quick settlement of disputes placing less of a

burden on the developing states. 1. Goh, Jeffrey. Problems of Transnational Regulation: A Case Study of Aircraft Noise Regulation in the European Community. 23 Transp. L.J. 277 Transportation Law Journal. University of Denver, 1995, 278. 2.Bhatt, S.. Aviation, Environment and World Order. Humanities Press, 1980. Pp. 181. Index. 78 A.J.I.L. 1003 The American Society of International Law/The American Journal International Law, 1984, p. 1005. 3.Olin, Michael S.. The Legal and Regulatory Environment: Safety and Labor. 20 Transp. L.J. 114 Transportation Law Journal. University of Denver, 1991, p. 114. 4. Whalen, Thomas J.. Warsaw Convention: Giemulla, Schmid and Ehlers. Kluwer Law and Taxation Publishers, 1992. 21 Transp. L.J. 523 Transportation Law Journal. University of Denver,

1993. 5.Warsaw Convention. Text, 1929. Http://www.iasl.mcgill.ca/air_law/warsaw.html