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Register a new userThe Scope of Temporal to International Air Carrier's Liability for Resultant Damages from Terrorism
المدى الزمني لمسؤولية الناقل الجوي الدولي عن الأضرار الناتجة عن الإرهاب
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Aِl-Baath University ورقة بحثية
Publication date
2016
fields
Law
and research's language is
العربية
Created by
Shamra Editor
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يتناول هذا البحث المدى الزمني لمسؤولية الناقل الجوي الدولي عن الأضرار الناتجة عن الإرهاب. حيث تشترط 17 من اتفاقية وارسو، المتعلقة بتوحيد بعض قواعد النقل الجوي الدولي، لتقرير مسؤولية الناقل الجوي عن الضرر اللاحق بالمسافرين أن يكون الحادث قد وقع على متن الطائرة أو أثناء عمليات الصعود أو الهبوط. و قد أثار المدى الزمني لمسؤولية الناقل الجوي الدولي عن الأضرار الناتجة عن الإرهاب جدلاً فقهياً و قضائياً واسعاً، بحسبان أن اتفاقية وارسو عام 1929 و لاحقتها (اتفاقية مونتريال عام 1999) لم تتعرضا لحوادث الإرهاب أصلاً.
This study includes the scope of temporal to international air carrier's liability for resultant damages from terrorism. The Warsaw Convention, for the unification of certain rules for international carriage by air, stipulates in art. 17 the liability of air carrier for damage to passengers if the accident took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The scope of temporal to international air carrier's liability for resultant damages from terrorism raises wide doctrinal and judicial question, because of the Warsaw Convention 1929 and the following convention (the Montreal Convention 1999) don't include the accidents of terrorism.
References used
Goedhuis, D, National Airlegislations and The Warsaw Convention, Matinus Nijhoff, The Hague, 1937
Evangelinos v. Trans World Airlines, Inc., District Court for the Western District of Pennsylvania (United States), 396 F. Supp. 95, June 12, 1975. Available at: www.law.justia.com, last updated September 10, 2016
Salerno v. Pan American World Airways, Inc., District Court for the Southern District of New York (United States), 606 F. Supp. 656, April 19, 1985. Available at: www.law.justia.com, last updated August 25, 2016
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