Main results and trends in the development of the unifcation of the legal regime for international air transport

Abstract The 1999 Montreal Convention seeks to unify certain rules concerning the liability of air carriers in international air transport. This article highlights the problems that the exclusion of national rules in favour of a unified international legal regime poses from a consumer protection point of view. International trade regulation carries an inherent structural risk of bias in favour of industry rather than consumer interests. Drawing inspiration from international human rights law, the alternative of an inspired approach based on subsidiarity is put forward, which, instead of seeking rigid uniformity at international level, allows for the recognition of a complementary role for international, regional and national levels in protecting consumers. The feasibility of adopting such a perspective in interpreting the Montreal Convention is also considered.

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Air Transport

Global Business Regulation ◽

10.1017/9780521780339.019 ◽

2000 ◽

pp. 454-472 ◽

Cited By ~ 1

Keyword(s):

Air Transport

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Command and Control

Aviation Psychology and Applied Human Factors ◽

10.1027/2192-0923/a000130 ◽

2018 ◽

Vol 8 (1) ◽

pp. 1-10

Author(s):

Stuart D. H. Beveridge ◽

Simon T. Henderson ◽

Wayne L. Martin ◽

Joleah B. Lamb

Keyword(s):

Air Transport ◽

Flight Safety ◽

Flight Crew ◽

Systematic Review Methodology ◽

Role Assignment ◽

Performance Factors ◽

Policy Review ◽

Reported Effect ◽

And Control ◽

Research And Policy

Abstract. Compared with other team settings, flight crew in air transport present a unique situation where the leader or supervisor regularly engages in active control. When the captain is assigned cognitively demanding pilot flying duties, the subordinate and often less experienced first officer must perform equally crucial monitoring and support duties. Using a systematic review methodology, this study reviews the reported effect of crew role assignment on flight safety outcomes. Our review identified 18 relevant studies and suggests crew performance factors linked to flight safety are affected by crew role assignment. Findings suggest a greater number of inherent obstacles may exist for optimal crew performance with the captain as pilot flying, raising the need for further specific research and policy review in this area.

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