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Less than fifty years have elapsed since the first flight of a power-driven aircraft. On December 17, 1903, the Wright brothers made their now historic flights in an aircraft which they had designed and built themselves; at the fourth attempt on that day a distance of 852 feet was covered during a flight which lasted 59 seconds 1. Unparalleled technical advances followed those first hesitant steps, with the result that aviation has developed into a factor influencing practically every field of society I. The complex mechanism of modem commercial aviation can only function through the combined efforts of countless people. The inspiration of aircraft constructors, the insight and perse verance of air pioneers and the conscientious work of the ground personnel all play their part. Among those who share in this joint task, however, the aircraft commander occupies a special place. He finds himself at the head of a small but comparatively isolated community, which may come under different jurisdictions within a short space of time. From a purely academic aspect he is therefore an interesting figure. Moreover, it may also be useful to examine his legal status for more practical reasons. After all, the aircraft commander holds a key position in aviation, as the safety, economy and regularity of the flight often depend on his skill and judgment.
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
After decades of controversy, a unified liability system for international carriage by air was established by the Montreal Convention of 1999, which went into force in November 2003. The new convention replaced the legal labyrinth created by the numerous perplexing accretions that had attached themselves to the Warsaw Convention. In this indispensable volume, air law professionals will find the full English text of the Convention with detailed article-by-article annotation, including all developments to date in case law, legal literature, national and international legislation, and administrative law. The commentary covers ongoing developments in such crucial aspects as the following: 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. In addition to the article-by-article annotation, the book features such useful information as 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. Given that the Montreal Convention’s application during its first 20 years has already documented a promising and forceful new beginning in the complex area of air transport liability, this incomparable research tool will provide an enormous wealth of information and guidance for anyone who deals with legal issues arising from civil air law, including lawyers, policymakers, insurers and academics.
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