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Topical issues of the regulation of international air carriage
Knotková, Markéta ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with topical issues of international air law, namely international regulation of air carrier's liability in carriage of passengers, baggage and cargo. The first multilateral treaty to consider and unify this topic was the Warsaw Convention in 1929. It prescribed the main requirements of the documents of carriage, i.e. the passenger ticket, the baggage check and the air waybill. In particular, the air carrier is liable for personal injury or death of passengers, loss or damage of baggage or cargo and for damage resulting from delay. The key points of the liability regime governed by the Warsaw Convention are presumptive liability and the maximum liability limits expressed in French Gold Francs. Due to the subsequent development of air transport these rules had to be modernized. The Warsaw Convention was amended with several Protocols and a Supplementary Convention, which together create the so-called "Warsaw system". The purpose of these documents was, amongst other things, to tighten up the liability regime while trying to establish strict liability and raise the liability limits. In 1999 a further unification of air carrier's liability took place with the creation of the Montreal Convention. Although it adopted some key liability provisions from previous documents, it stipulated...
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Topical issues of the regulation of international air carriage: the liability of an air carrier with respect to passengers
Ajgl, Tomáš ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
This thesis deals with those issues in regulation of international air carriage, which are in the centre of interest of passengers. Author focuses on two key legal instruments establishing different regimes of air carrier's liability. The first one is the Convention for the Unification of Certain Rules for International Carriage by Air, also known as the Montreal Convention. The second is European regulation no. 261/2004, also known as the Air Passengers' Rights Regulation. The key question is whether these liability regimes are completely separate or they overlap. After introductory chapter, Chapter 2 follows, dealing with historical development of legal regulation in the field of air carriage liability. Evolution of the so called Warsaw system is described and the Montreal Convention and some of the most important European regulations are presented. Next chapter focuses on theoretical aspects of air carrier's liability in the light of Czech civil law jurisprudence. These findings are applied both to the Montreal Convention and to the regulation no. 261/2004. Provisions of the Montreal Convention are examined in Chapter 4. Scope of application as well as the most problematic terms such as "accident" or "bodily injury" are discussed. Some well known courts' findings are presented to demonstrate how...
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Current issues in International Carriage by Air
Jandík, Jakub ; Pauknerová, Monika (advisor) ; Bříza, Petr (referee)
Current issues in International Carriage by Air Abstract The thesis deals with selected topical issues that may arise in today's international civil air transport in the context of the global pandemic of the COVID-19 disease from the perspective of private international law. The first chapter deals with the history and relevant sources of legal regulation of international civil air transport and their interrelationship. The second chapter addresses the legal status of COVID-19 in the contractual relations of international carriage by air and mentions various past and present initiatives to combat the pandemic by selected states and the International Civil Aviation Organization. The third chapter deals with the theoretical concept of the issue of air carrier liability for damage resulting from the infection of a passenger with COVID-19. It seeks to do so by interpreting and analyzing the relevant terms and, at the same time, the applicable foreign case law and literature. The fourth chapter focuses on the jurisdictional rules in disputes over such damages and compares the current differences in the interpretation and application of these rules by the US and European judiciaries. Keywords: COVID-19, Air carrier's liability, Jurisdiction
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Růžička, Květoslav (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Růžička, Květoslav (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Non-material damage in the regulation of international transport
Vosečková, Lucie ; Pauknerová, Monika (advisor) ; Ondřej, Jan (referee) ; Dolanská Bányaiová, Lucie (referee)
198 Non-material damage in the regulation of international transport Abstract The dissertation deals with issues related to the legal regulation of non-material damage arising in connection with international air transport. It has been at the forefront of interest espceially of the European institutions over the last ten years. The first part of the dissertation is devoted to the general theoretical definition of non- material damage as such and to individual types of non- material damage that may arise during air transport. These are bodily harm, emotional harm caused by stress experienced or otherwise uncomfortable, and non-material harm caused by the fact that the passenger does not get to his destination in time due to delays, flight cancellations or denied boarding. The second part is devoted to the comparison of compensation for non-material damage in the Czech Republic and the United States of America, namely the development of the non- pecuniary damage and compensation for this damage. Particular attention is paid to particular titles, which are, according to the relevant legal regulations, replaced and the comparison of the compensation of non-material damage in the decisions of the courts of both countries. The third part is devoted to the regulation of non-material damage and its compensation,...
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Topical issues of the regulation of international air carriage
Zima, Jiří ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
76 Abstract Topical issues of the regulation of international air carriage The object of this presented thesis is to inform readers about the phenomenon of the international air carriage. This rapidly growing transport industry is bringing attention mainly because of its thorough practical usability. The first part of the thesis is dedicated to the specification of the basic concepts, these will be found in the rest of the thesis all through. To comprehend the actual topical issues it is essential for the reader to familiarize with the historical development of the air carriage. Especially in the 20th century the air carriage went through a swift progress that lead to a recent modern aerial transportation for long distances as we know these days. The second part draws attention into the basic legal sources of the air carriage concentrating not only on the international and European level but also on the Czech laws. Transport customs are not omitted, neither is practice of the courts that has a growing importance. Author of this paper engages in particular rights of the passengers in the air transportation and subsequent liability of the carrier in the third part of the thesis. Recently travelling through the air has become a very commonly used method of transport. From this reason it is necessary to point...
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Topical issues of the regulation of international carriage
Sedláček, Vojtěch ; Pauknerová, Monika (advisor) ; Růžička, Květoslav (referee)
Topical issues of the regulation of international carriage Abstract The topic of this thesis is international air carriage and its legal regulation which is, due to the highly international nature of air carriage, mainly International and EU. The thesis is systematically divided into 5 main parts. The introductory part is focused on carriage and air carriage in general. It provides definitons of basic concepts, with which the following sections work, a brief historical outline and also current issues and challenges in international carriage, thus bringing this topic to the reader in a detailed perspective. Another discussed point are the international organizations authorized to issue legislation and how they have recently gone through some changes. The second part is dedicated to legislation; especially International and EU legislation. An Interpretation is also provided to the Czech legislation. However, this only plays a rather complementary role, resulting from the highly international character of air carriage. The following two parts are, according to the nature of air carriage, divided into cargo and passenger transport legislation and they are focused mainly on liability of an air carrier. The fourth part also aims to inform the readers about passengers rights arising from air carriage legislation,...
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Topical issues of the regulation of international air carriage
Benda, Matěj ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Topical issues of the regulation of international air carriage The object of this thesis is the regulation of international air carriage, which is by its nature governed mainly by international treaties and secondary law of the European Union. The thesis is divided into five parts, which are cross-sectional focused on all aspects of air carriage. The first part informs about the historical development of aviation and its contemporary importance especially with regard to its economic and environmental significance. Basic concepts which can be found by readers in this thesis are not omitted as well. The second part focuses on the regulation of international air carriage from the perspective of International, European and Czech law. As mentioned in this thesis, the carrier's liability when the loss event that is expected by legislators happens is governed mainly by international treaties and secondary law of the European Union, that is why the third part is focused on its most important legal sources also with the regard to their interrelation which was defined by the Court of Justice of the European Union. Since it is necessary to extensively inform passengers about their rights, the author decided to do so in the fourth part of this thesis, which deals with the passengers' claims, in the case of...
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Topical issues of the regulation of international air carriage
Odstrčilíková, Tereza ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Topical issues of the regulation of international air carriage The main purpose of this work is to provide its readers with an overview of the many facets of passenger rights in such dynamic area as international air carriage. Development in this area has given rise to issues and challenges, including the overlapping of legal and geographical scopes of different air passenger protection instruments. Over the last decades, several air passenger protection regimes have developed across the world, in particular on international, European Union and national level. But does the patchwork work? The history of multilateral regulation in the field of international air transport with regard to air passenger rights could be said to have begun in 1929 when the Warsaw Convention was originally signed. The importance of the convention lies in unification of the rules concerning the documents of carriage and the liability of air carriers. In 1955 the Warsaw Convention was amended by the Hague Protocol, which substantially redrafted, modernized and simplified rules relating to the documents of carriage as well as doubled the limit of carrier liability with respect to persons. The Warsaw Convention's application was subsequently extended to the carriers actually performing the transport by air when a passenger...
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