The Problems of Liabilities in International Carriage by Air

This study aimed at presenting an analytical and critical outline of the basic problems of civil liability which arise in the practice of international carriage by air, this both from the aspect of the settlement of the conflicts of laws and especially from the aspect of the interpretation and application of the unified rules themselves. The plurality of foreign elements in these relations, the instability of the points of contact serving to find out competent law and the great differences in the substantive laws governing these relations in various states conduce to a single conclusion: In the field of international carriage by air, it is necessary to make every effort for an effective unification of law on a broad multilateral basis. The almost universal adoption of the Warsaw Convention proves that this task is realistic. The international carriage by air constantly develops and expands and the social relations connected therewith are developing and differentiating as well. These relations require an effective legal regulation which would eliminate all the existing chaotic moments as well as the lack of legal security. The law governing international carriage by air has in our country not yet been theoretically studied in due proportion to the importance and share of the Czechoslovak Socialist Republic in international carriage by air. The development of the studies of the rules governing international aviation is indispensable not only from the angle of the management of an important branch of national economy – and carriage by air undoubtedly is such a branch – but also from the angle of the importance of aviation in its capacity as a momentous expression and means of international co-operation.

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Publication Details

Journal
AUC IURIDICA MONOGRAPHIA
Published
2025-04-29
DOI
https://doi.org/10.14712/30297958.2025.2
Primary Topic
Maritime Transport Emissions and Efficiency
Type
article
Field-Weighted Citation Impact
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article

The Problems of Liabilities in International Carriage by Air

Michael Milde
AUC IURIDICA MONOGRAPHIA
Maritime Transport Emissions and Efficiency
article

The Problems of Liabilities in International Carriage by Air

Michael Milde
article en

Abstract

This study aimed at presenting an analytical and critical outline of the basic problems of civil liability which arise in the practice of international carriage by air, this both from the aspect of the settlement of the conflicts of laws and especially from the aspect of the interpretation and application of the unified rules themselves. The plurality of foreign elements in these relations, the instability of the points of contact serving to find out competent law and the great differences in the substantive laws governing these relations in various states conduce to a single conclusion: In the field of international carriage by air, it is necessary to make every effort for an effective unification of law on a broad multilateral basis. The almost universal adoption of the Warsaw Convention proves that this task is realistic. The international carriage by air constantly develops and expands and the social relations connected therewith are developing and differentiating as well. These relations require an effective legal regulation which would eliminate all the existing chaotic moments as well as the lack of legal security. The law governing international carriage by air has in our country not yet been theoretically studied in due proportion to the importance and share of the Czechoslovak Socialist Republic in international carriage by air. The development of the studies of the rules governing international aviation is indispensable not only from the angle of the management of an important branch of national economy – and carriage by air undoubtedly is such a branch – but also from the angle of the importance of aviation in its capacity as a momentous expression and means of international co-operation.

AUC IURIDICA MONOGRAPHIAVol. 1963(1)
Openalex Percentile: Top 92%
Maritime Transport Emissions and Efficiency
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