Risk and liability in air law / / by George Leloudas

• Record Nr.: UNINA9910786723603321
• Autore: Leloudas George
• Pubbl/distr/stampa: London : , : Informa, , 2009
• ISBN: 1-135-13637-8; 0-203-79663-2; 1-135-13630-0
• Descrizione fisica: 1 online resource (263 p.)
• Collana: Maritime and Transport Law Library
• Disciplina: 341.2
• Soggetti: Liability for aircraft accidents
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Cover; Title; Copyright; Dedication; Foreword; Acknowledgements; CONTENTS; Table of Cases; Table of Legislation; Bibliography and Bibliographical Abbreviations; 1 INTRODUCTION; I. Subject matter; II. A preliminary explanation; 2 RISK, TRUST AND MASS MEDIA; I. The concept of risk; II. Risk and the predictability of accidents; III. The emergence of the risk society; IV. Risk and objectivity: how safe is safe enough?; V. Risk and subjectivity: how fair is safe enough?; Risk perceptions; Rationality questioned: the risk society explained through the prism of the post-industrial world; Individual perceptions of riskSocial perceptions of risk; VI. Trust as a risk factor; The protective cocoon; Mass media and their construction of risk; Media and aviation-related risk events: friend or foe?; Media constructions of liability; 3 RISK, TRUST AND MASS MEDIA: LIABILITY IMPLICATIONS; I. Introduction; II. Historical perspectives; Pre-industrial risk and liability; Risk, liability and the Industrial Revolution; Post-industrial risk and liability: from persons to organisations; III. Risk, trust and mass media: liability implications for air carriers; The early years; The corporate yearsIntroduction; Courts as risk managers: a US perspective; Courts as risk managers: a UK perspective; Air carriers in the years of mass transportation and the risk society: between a rock and a hard place; The years of mass transportation: a grand overarching socio-legal problem; The years of mass transportation: ; operational challenges; The years of mass transportation: liability implications; 4 INTERNATIONAL AIR CARRIER LIABILITY AND SOCIAL PERCEPTIONS OF RISK: PASSENGERS - THE DRAFTING OF THE CONVENTIONS; I. A brief overview; II. The Warsaw Convention ''System''; Introduction: Warsaw Convention 1929The liability scheme of the Warsaw Convention; The Warsaw Convention as maker of social risk perceptions; The aims of the Warsaw Convention: risk education and risk allocation; ''Accident'' and ''all necessary measures'' as blame control; The amendments of the Warsaw Convention; Introduction; From the Warsaw Convention to the Hague Protocol; The protective cocoon is ruptured: is it the result of low liability limits?; The cocoon is ruptured: the risk society takes its toll; The Hague Protocol: missing the chance to accommodate societal risk perceptions; Montreal Interim Agreement (MA)A first attempt to accommodate social risk perceptions: aviation risks as social problems; ''Accident'' is the new ''all necessary measures'': the centre of gravity is changing; The Montreal Agreement as an abortive attempt at the socialisation of aviation risks; Guatemala City Protocol; Guatemala City Protocol: a further attempt at the socialisation of aviation risks; The Guatemala City Protocol as legal risk manager: attention to perceptions; The implications of the Protocol's non-ratification; Air carriers' legal initiatives; Trust as a motivator for legal change
• Sommario/riassunto: This book is the first attempt to analyse the relevant international conventions governing the liability of airlines to passengers and third parties on the ground from a risk perspective. The book analyses the transformation of the notion of risk over time and identifies the ways and the extent to which social perceptions have influenced the liability of airlines in the aftermath of safety accidents (Warsaw Convention System, Montreal Convention, Rome Convention, and New General Risks Convention) and terrorism related incidents (New Unlawful Interference Convention).