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Guerreri, G., ‘Italian Court Denies Recovery for Cerebral Haemorrhage Following 18.5 Hour Aircraft Journey’ (2010) 1 Air and Space Law 79 – 80.
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IATA Recommended Practice 1724 ‘General Conditions of Carriage, Passenger Services Conference Resolutions Manual (PSCRM)’ (2016) 37th ed.
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Newman, L. W., Burrows, M. ‘Legal Remedies Available to Hijack Victims of TWA Flights 847’ in Newman, L. W., Burrows, M. (eds), The Practice of International Litigation (2nd ed. New York 2013) Part I., Chapter 7. 60–61.
Onianwa, K. I., Agbonze, K. A., ‘The Coronavirus (COVID-19) Pandemic – The Liability of Air Carriers’ (2020) Ajumogobia & Okeke Law Firm, <www.ajumogobiaokeke.com/associates/kelly-a-agbonze/> accessed 03 November 2020.
Plutarch: Life of Pompey. 50.1.
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Tokyo Convention on Offences and Certain Other Acts Committed on Board the Aircraft. Article 6 of Chapter III. on the Powers of the Aircraft Commander.
Tompkins, George N., Jr., ‘Deep Vein Thrombosis (DVT) and Air Carrier Liability. The Myth and the Law’ (2001) 4-5 Air and Space Law 232.
Tompkins, G. N. Jr., Liability Rules Applicable to International Air Transportation as Developed by the Courts in the United States. Sexual and other Assaults of a Passenger (Wolters Kluwer 2010).
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Tuberculosis and air travel ‘Summary of seven investigations of possible M. Tuberculosis transmission on aircraft’ in Guidelines for prevention and control. Communicable Diseases Cluster. (WHO/TB/98.256. 1998) Annex 1.1.
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The Montreal Convention, Article 29, The Basis of Claims.
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Wrobel v. Air France, Tribunal of Rome, 9th Civil Law Section, Decision No. 9153, 28 March 2009.
Revenue Passenger Kilometre (RPK): the kilometres covered by one paying passenger (for example, if the air carrier sells 177 tickets for the airplane with a capacity of carrying 200 passengers and the flight on route between Budapest – Paris (BUD-CDG) covers 1,250 km, then the flight accomplished 221.250 RPKs instead of 250,000 RPKs with full flight.
The airlines from time to time are faced with minor-major critical situations beginning from the oil price explosion via terrorist attacks, natural catastrophes and economic world crises to the spread of contagious diseases. For instance, the Oil Crisis (1973), the Iraq-Iranian War (1980), the Gulf War (1991), the Asian Crisis (1998), the Terrorist attack on 11 September (2001), the SARS-virus (2003), the Economic World Crisis (2008), the Icelandic Eyjafjallajökull volcanic eruption (2010), the Ebola-virus (2014), the SARS-CoV-2-virus (2019).
In 2016 ICAO launched the “Cooperative Arrangement for the Prevention and Management of Public Health Events in Civil Aviation” (CAPSCA) initiation. Within the framework of this programme ICAO regularly negotiates with the organisations concerned: WHO, FAO, UNWTO, IATA, ACI, UNDP, IFALPA, IOM, WFP. www.caspca.org (2020).
Paragraph E of Chapter 8 of Annex 9 to the Chicago Convention, Simplifications, 15th ed., deals with the implementation of international healthcare rules and other provisions determined by WHO. 2017. (Points 8.12–15, recommendation 8.15.1, 8-3).
The Chicago Convention on International Civil Aviation adopted on 7 December, 1944. Since 1994 in each year 7th of December has been the World Day of international civil aviation, on which the member states decided at the 33rd General Assembly of ICAO (1992). This initiation was acknowledged officially by the member states at the 75th General Assembly of the UN. ICAO A-29. 1.; UN A/RES/51/33, 17 January, 1997.
ICAO Report by Chief, Aviation Medicine Section, to the meeting at the WHO on avian influenza and human pandemic influenza. ICAO Secretary General, SG 1862/05 AN5/24 (2005); Simplifications 2.4. of Annex 9 of the Chicago Convention.
Unfortunately, the Ebola-virus in an isolated manner, but these days still demands victims in Africa. WHO – Ebola virus disease – Democratic Republic of the Congo. Disease outbreak news (2020).
The WHO presents 7 cases in its report released 20 years ago, according to which the spread of the virus happened or may have happened on board. Tuberculosis and air travel: Guidelines for prevention and control. Communicable Diseases Cluster (1998) Annex 1. 35–37.
Article 22 of Chapter III. on Liability of the Air Carrier of the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air (1929).
For example, the registration of aircraft; the (peaceful) innocent passage; the 8. and 9. commercial rights of cabotage; the freedom of traffic over high seas; the licensing procedures and administrative requirements. Sipos (2018) 29., 36–37., 54., 104., 128–29., 281., 312.
The Montreal Convention took effect on 4 November, 2003 and set off on its “conquering” journey. Namely, the Convention shall prevail over all other rules relating to international carriage by air (Article 55). So far the Convention has been ratified by 137 states. Convention for the Unification of Certain Rules for International Carriage by Air (MC 1999).; ICAO Doc 9740.; www.icao.int/secretariat/legal/List/Parties/Mtl99 (15/10/2020).
On the promulgation of the Montreal Protocol no. 4 signed on 25 September, 1975 in Montreal on the amendment of the Convention for the Unification of Certain Rules relating to International Carriage by Air signed in Warsaw on 12 October, 1929 as amended by the Protocol signed in The Hague on 28 September, 1955.
According to the report by IATA between 2004–2011 the airlines realised profits of 4.1 per cent on average, which is extremely low in comparison with the profitability of other industries. After 2015 until the end 2019 the IATA member airlines realised higher profits, they made profits on average above 8 per cent.Pearce, (2013) 18.; IATA Annual Review (2019) 8.
Caplan (1999) 93.
The airlines obligatorily maintain insurance for the coverage of the amount of indemnification of every passenger (Article 50).
However, in case of the act or negligence of the employees and agents it needs to be proved that they proceeded in the scope of their task. Article 25 of Chapter III. of the Warsaw Convention.
For example, the institution of the so-called exclusive remedy (Article 29), the two-step system of unlimited liability (Article 21), the simplification of documentation of carriage (Articles 3–11), the conceptual elements of accident (Article 17).
If the accused (the defendant) counterpleads, in this respect (s)he becomes a plaintiff.
Morris v. KLM Royal Dutch Airlines (2000); Judgement of British Supreme Court of Judicature, case no. B3/2000/3820 (2001)
88th legal principle of part Regula Iuris of the Liber Sextus Code, 1298. In: Pallas Nagylexikon, Pope Boniface VIII (1235–1303), an entry. Pallas, Budapest, 1893–97.
Safa v. Deutsche Lufthansa Aktiengesellschaft, Inc (2014).
Such service is provided by companies such as MedAire's, MedLink and Stat MD. Medical Emergencies – Guidance for Flight Crew. www.skybrary.aero/index.php/Medical_Emergencies_Guidance_for_Flight (2020).
The scope of persons encompasses everyone on board the aircraft (or performing embarkation or disembarkation), furthermore, everyone who is in contractual relation pertaining to carriage with the air carrier, that is, who has an air ticket [Article 1 (1)]. Persons does not encompass special staff (pilots, flights attendants, in some cases the flight engineer or mechanic travelling on board indicated on the flight document or flight command) because for them the employment contract concluded with the air carrier is normative. Persons does not encompass those airline employees who are sitting among the passengers and have valid air tickets. The Convention does not pertain to stowaway passengers (free riders) because the contractual relationship between the parties is missing. The Convention is not applicable to minors coerced to travel either (for instance, abducted minors because of divorce; see Ko v. EVA Airways Corporation, 42 F. Supp. 3d 1296. February, 2012.), although s(he) has got an air ticket, but it was bought involuntarily. The personal scope of the Convention applies to gratuities: (free) carriages without remuneration. Danko (2012); Abeyratne (2017).
Tokyo Convention on Offences and Certain Other Acts Committed on Board the Aircraft. Article 6 of Chapter III. on the Powers of the Aircraft Commander.
The provisions of the Convention below refer expressly to the national application of the law:➢The national law of the court having jurisdiction and proceeding in the case regulates procedural issues [Article 33 (4), and Article 45].➢The action on the claim for damages may be brought within a period of two years, the method of calculating that period shall be determined by the law of the court seized of the case (Article 35).
In the carriage of passengers, baggage and cargo any action for damages, however founded, whether under this Convention, or in contract or in tort or otherwise, can only be brought subject to the conditions and such limits of liability as are set out in this Convention, without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights. The Montreal Convention, Article 29, The Basis of Claims.
Tuberculosis and air travel: Guidelines for prevention and control. Communicable Diseases Cluster. WHO/TB/98.256. 1998. Summary of seven investigations of possible M. Tuberculosis transmission on aircraft. Annex 1. p. 1.
In the case Dias v. Transbrazil Airlines, Inc. 26. Avi. (CCH) 16, 048 (S.D.N.Y. 13 October, 1998) decided under the Warsaw Convention it was alleged that the passenger contracted pneumonia and later died. According to the Court the passenger who died from pneumonia she had contracted, was as a result of the poor quality of the aircraft cabin air during a flight from Brazil to USA (NYC). The poor quality of cabin air causing the passenger to develop a fatal respiratory disease. The Court held that this could constitute an “accident”. The logic of this case might be made applicable in case of coronavirus infections while travelling by air.Prager et al. (2020).; Onianwa and Agbonze (2020).
According to IATA with respect to the spread of infections on board flying is one of the safest means of transport. IATA Guidance for Cabin Operations During and Post Pandemic. 3rd ed, (2020) 1–35.
The most important industrial performers of civil air transport are the airlines, the airports and the air navigation service providers, furthermore, states' authorities, aircraft manufacturers and travel and consignment service providers, and last but not least the passengers. In attendance to the activity of air transport insurance companies, aircraft lessors and ground service providing enterprises have important roles. Shearman (1992) 7.
Plutarch (46–119 A.C.), the Greek philosopher and biographer noted down the sentence of Pompeius Magnus (106–48 B.C.), the Roman commander, which became an adage: “Navigare necesse est, vivere non est necesse.” The commander addressed the sailors who, after the unload of wheat, did not intend to sail out of the Sicilian port to the stormy sea. Which means that a genuine profession requires, beyond humility and reverence, superhuman sacrifices (for instance, the doctor goes to heal the infectious patient). Plutarch: Life of Pompey. 50.1.