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A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr
A Cure From Rome For Montreal’S Illness: Article 5 Of The Rome I Regulation And Filling The Void In The 1999 Montreal Convention’S Regulation Of Carrier’S Liability For Personal Injury, Yehya I. Ibrahim Badr
Journal of Air Law and Commerce
An examination of the 1999 Montreal Convention shows that the drafters did not intend to lay down a comprehensive treaty that would organize a carrier’s liability for personal injury to passengers. They opted to achieve a certain level of uniformity through enacting a set of rules that tackled several key issues such as the grounds for a carrier’s liability, the available defenses, and the limits on the recoverable damages. Consequently, some unaddressed issues created a void in the Montreal Convention and were then left without a clear remedy. In this article, a distinction is made between two types of voids: …