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Robert Lawson
Air and Space Law
Volume 45, Issue 3 (2020) pp. 265 – 284
https://doi.org/10.54648/aila2020039
Abstract
The Montreal Convention is now twenty-one. This article summarizes its purpose, passage, and what it added to its predecessor, the Warsaw Convention, and its progeny. It considers the case law that it has produced and issues that arise in its application. It is concluded that the Montreal Convention has not passed its sell-by date and remains a praiseworthy international instrument for the regulation of air carrier liability, but suggestions are made as to possible further revisions and enhancements.
Keywords
Carrier liability, Montreal Convention, Review, Revision, Expansion
Extract
Created to provide for a new global benchmark by virtue of strong fair competition mechanisms in combination with ‘modern’ provisions on transparency, environmental protection and social aspects that have traditionally never been addressed in bilateral air services agreements (ASAs), the 2019 European Union (EU)-Qatar Air Transport Agreement has its ambitions set high. By analysing the Agreement’s content as well as the relevant legal environments it will operate in, this article signals certain flaws in the Agreement’s enactment that may trump its functioning. In particular, it identifies that it is the lack of a culture of competition enforcement in the aviation sector on the part of the State of Qatar combined with a potential overly aggressive approach when it comes to the achievement of fair competition objectives on the part of the EU that could impede the Agreement’s future success.