Liability Regimes in International Air Transportation: Deficiencies and Achievements

GRIN Verlag
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Seminar paper from the year 2013 in the subject Law - Miscellaneous, grade: 1,0, University of Applied Sciences Wildau (Wildau Institute of Technology), course: Aviation Management - The Law of International Carriage by Air, language: English, abstract: The invention of aircraft is a magnificent piece of technology, which is a result of a long pro-cess of human effort. With the use aircraft for military purposes during World War I it was shown that aviation had great potential even in time of peace. The essential role of aviation industry in everyone’s life does not need any further explanation. Today's generations and those of the future have a quite natural interest in its development and safety. While flying offers various opportunities to mankind, at the same time, it is still a risky activity and acci-dents can be absolutely devastating. Even if aviation stands for one of the safest modes of transport, incidents will occur and people and airfreight will get damaged. The mentioned facts and the growing number and use of aircraft called for some kind of international regu-lation of aviation since from the very beginning (McNair 1964, p. 9). In general aviation is a global business, which creates a need for international common rules. Over the years there have been quite many attempts to hold an international convention on the area. It was from upmost importance to create an adequate and uniform compensation system for the passengers and cargo but at the same to protect the infant aviation industry (Paulsson 2009, p. 6). The subject of this paper is the regime of passenger liability in private international air law. This regime of liability is based on two global legal systems, represented by the ageing Warsaw System created from 1929 and the new Montreal Convention of 1999. The historical development and explanation of both systems, including their amendments and supplemen-tary instruments, acts as basis for this project paper. In a second step I am going to deduce the necessities for the creation of the Montreal Con-vention. Then I will go into detail of its achievements and deficiencies concerning passenger liability in private international air law. Finally the paper is closing with a short summery of the development of the general and in particular the legal liability issues of both main Conventions.
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About the author

Sebastian Wagner, Master of Aviation Management, was born and raised in Germany. He studied at universities in Munich, Berlin and Austin/Texas where he successfully completed his degrees in Economics, Business Administration and Aviation Management. His specialist area of experience and knowledge is airport and airline management as well as human resources. He is also an experienced military air traffic controller, leader and lecturer. Until today Sebastian Wagner has published various aviation and marketing related publications.

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Publisher
GRIN Verlag
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Published on
Oct 8, 2013
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Pages
19
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ISBN
9783656513674
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Language
English
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Genres
Law / General
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This content is DRM protected.
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Eligible for Family Library

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Sebastian Wagner
Seminar paper from the year 2007 in the subject Electrotechnology, grade: 1,3, Reutlingen University (Produktionsmanagement), 48 entries in the bibliography, language: English, abstract: In times of the EU Enlargement Germany has been faced with steadily increasing freight and transit traffic, due to its geographical position in the middle of Europe. The German expressway system has an overall length of approximately 25.000 kilometers (both directions) and therewith is the longest system in Europe. Overall 1.2 million trucks use the German expressways and cover a total distance of 22.7 trillion kilometers every year. The preservation and further expansion of this system is an important leverage of development for Germany and Europe as a whole. The costs for road construction and maintenance have been rising directly proportional to the transit traffic. Since this burden was only carried by Germany's public, namely by the German citizens' taxes, the Federal Government launched a distance-based toll for all heavy goods vehicles with a total weight of 12 tons or more, driving on German expressways. This so-called "LKW Maut" came into effect on January 1st, 2005 and is a watershed in financing. For the first time the costs for maintenance are allocated to those who predominantly cause the abrasion. Politics call this a better and fairer financing of the infrastructure. One heavy truck stresses the streets 60.000-times more than a car. In addition this toll system leads to a higher transport efficiency, which can be seen in the fact that empty return trips went back from over ten to nine percent in 2005, respectively. Thereby it also has a positive effect on sustainability. The fee, each truck has to pay, is defined in accordance to the number of axles, the relating emissions class and the distance travelled. Political background of the toll is to shift freight traffic from the roads to railroad and waterways. Toll Collect GmbH has been responsible for developing a toll system in the name of the Federal Republic of Germany which united GPS technology for satellite-based positioning and GSM (Global System for Mobile Communications). Together with vehicle-installed On-Board Units the system is able to determine the exact position of the trucks and to calculate the toll amount automatically without any need for stops because of personal log-ons for the intended route.
Sebastian Wagner
Seminar paper from the year 2002 in the subject Hotel Industry / Catering, grade: B+, César Ritz Colleges (Hotel Management School), 8 entries in the bibliography, language: English, abstract: Introduction of Malta Country, Region, Area Set in the clear blue Mediterranean Sea, the Maltese islands are the most southerly European country. It is just an archipelago of islands about halfway between the coasts of Sicily and North Africa. The archipelago consists of five islands: Malta, Gozo and Comino, together with two other uninhabited islands Cominetto and Filfla. The total area is approximately 316 sq kms (Malta 246 sq km, Gozo 67 sq km, Comino 2.7 sq km). The longest distance in Malta from North West to South East is about 27 km, with 14.5 km width in an East - West direction. The Islands are only 90 km south of Sicily and 290 km from the northern coast of Africa. The strategic position of Malta, Gozo and Comino has made these Mediterranean islands a crossroad of history and a bone of contention. The powers of Europe′s past knew it well as a stepping-stone between Europe and North Africa. Involved in Malta′s history are the Stone-Age and Bronze-Age people, Romans and Phoenicians, Arabs, Normans and Carthaginians, Castilians, French and British; from whom Malta became independent in 1964. Napoleon Bonaparte did unutterable damage in an only six-day occupation; and Malta stood firm against Hitler despite massive bombing during World War II, deservedly earning the nation the George Cross medal from King George VI (April 1942) and depicting it on the left hand corner of the flag. Wine Origin and History Malta′s viticulture, like its history, dates back thousands of years. The first Phoenician settlers introduced its cultivation in Malta. Along with improved forms of the vine they introduced their methods of cultivation which along the course of the ages have had slight variations and even today shows signs of its Phoenician origin. Although it is assumed that vines were planted on Malta from the time it was properly settled, the foundations of today′s wine industry were laid by the Knights of St. John when they were ceded Malta by the Holy Roman Emperor, Charles V of Spain in 1530. The Knights brought with them vine-cuttings from Europe to revitalize whatever vineyards remained after two centuries of Arab domination. In the middle ages owing to the recurrent invasions by the Arabs of Barbary, the spread of malaria, the epidemics of fevers and plague, and the emigration to Sicily and Italy, the population became greatly reduced in numbers, and the cultivation of lands in outlying districts was neglected or abandoned. [...]
Sebastian Wagner
Master's Thesis from the year 2014 in the subject Business economics - Miscellaneous, grade: 1,0, University of Applied Sciences Wildau (Wildau Institute of Technology), course: AVIMA 12 - Airport Management, language: English, abstract: The aim of this thesis is to investigate the latest challenges and trends in airport retail using the practical example of Copenhagen Airport. Driven by the steadily increasing cost pressure on European airports, operators need to develop new sources of revenue. The greatest po-tential in generating additional revenue to combine reasonable income with high profitability can be found in the non-aviation sector, particularly in the travel retail segment. The re-search, however, revealed that airport retail is not always a fast-selling item. The market experiences extensive challenges driven by advanced airline retail activities or online sales developments. In order to face the recent challenges, the importance of commercial revenues for airport operators needs to be evaluated firstly. Moreover, characteristics and specialties of travel retail have to be analyzed. Based on that, the thesis explores some of the key factors, such as market trends, economical changes and technical developments, which are leading to an ever-challenging environment for airport retail managers. Finally, the research paper aims at elaborating resulting challenges and future opportunities by providing new ideas and solutions in optimizing airport retail for European airports in general and Copenhagen Airport in particular. To conclude the master’s thesis, a summary is presented reviewing all findings. The overall research results reveal that Copenhagen Airport’s retail philosophy has adapted to the dynamic changes in the airport retail segment. However, there remains significant room for further improvement in order to combat future challenges on the travel retail mar-ket. Furthermore, my results and recommendations can be transferred to the benefit of other airport retail managements as well.
Sebastian Wagner
Seminar paper from the year 2013 in the subject Instructor Plans: Transportation Professions / Air Transportation / Logistics, grade: 1,0, University of Applied Sciences Wildau (Wildau Institute of Technology), course: Aviation Management 2012, language: English, abstract: Airports all over the world are regional centers of growth. They provide access to the worlds most important markets for the domestic economy. Airports interlink economic regions and are the basis for international business relations. Without any doubt, the Federal Republic of Germany has one of the densest airport network in Europe. Especially in populous areas, multiple international and regional airports are competing for potential passengers. Against the background of converting traditional airfields into multi-faceted facilities and shopping malls with runways, in the last decade airports tout for more than only people willing to leave the city by airplane. They are competing for prospective customers. As a result of these tendencies, the European airline and airport market is facing emerging competition. The question to be asked under this continuous cost pressure is not whether to react or not on the circumstances. Every single airport shall ask how to deal with that rat race and what its competitive advantage is. The competition between the recently renamed Dusseldorf Airport (DUS) and Cologne/Bonn Airport (CGN) is exemplary in this situation and is perfectly illustrating the new competitive situation. Separated by only 50 kilometers air-line distance, it can be assumed that both airports are in a race for supremacy in the Rhine-Ruhr metropolitan region since many years. The key question to be answered in this context is: Do both airports really compete and if, what are the business segments they are struggling for? How can the airports react on present developments and might they even benefit from a kind of cooperation? This paper is trying to give answers on the questions mentioned above. In the first part I am going to describe the local aviation market and current airport concepts of each location. Both airports will be classified in regard to their German and European airport market environment. Describing the traffic development within the last five years and analyzing the recent situation of both companies, I will try to forecast how the airports are going to evolve in the midterm horizon. In a second step I will examine kind and degree of competition between CGN and DUS. Moreover I will discuss whether an airport cooperation might be useful or even other solutions represent a valuable solution to guarantee a financially healthy future for both airports. Finally I am going to develop strategic recommendations for the operators.
Sebastian Wagner
Seminar paper from the year 2014 in the subject Engineering - Aerospace Technology, grade: 1,3, University of Applied Sciences Wildau (Wildau Institute of Technology), course: Aviation Management 2012, language: English, abstract: Indeed, the majority of airlines are faced with the challenge of aging fleets and when it might be optimal to replace older aircraft. Well, any discussion of the wisdom of retaining capital equipment is usually based on economic arguments. In a competitive environment, airlines are continuously obliged to improve their business and equipment to stay profitable. The prediction of future maintenance costs of the own fleet is an integral element of prospective budgeting projections; on the other hand they serve as a vital part within aircraft replacement calculations. For example if the costs of maintaining the existing equipment on a timely basis exceeds the capital, interest, and amortization charges on replacement equipment, the decision to buy a sort of replacement is straightforward. In most cases the substitute equipment even offers an improved productivity as well (Dixon 2006, p. 1). Beside any debate concerning costs and efficiency, flight safety considerations also enter into the discussion especially in the field of aviation. The question to repair or replace is an ongoing decision making process for the maintenance department of every airline operator. Now the key questions to be answered in this context are: Is it possible to describe a standard airplane service life and how does the fleet age of world’s leading airlines look like? How does the process of maintenance develop over an aircraft’s whole life cycle and can necessary costs be estimated? What can be done technically to keep aging effects of aircraft under control and when might be the right time to withdraw an aircraft from service? In order to answer the abundance of questions my term paper is divided into an economic based part including compiled data and statistics and a more technical part. In the beginning, this paper investigates the ordinary economic life of commercial airplanes. Additionally I’m going to inspect exemplary the average fleet age of world’s leading airlines. In the second stage I am going to describe how to estimate maintenance costs of aircraft that grow older. Further I wanted to clarify technical aspects and problems that might occur more frequently with the rising age of an aircraft.
Sebastian Wagner
Seminar paper from the year 2014 in the subject Instructor Plans: Transportation Professions / Air Transportation / Logistics, grade: 1,7, University of Applied Sciences Wildau (Wildau Institute of Technology), course: Aviation Management 2012, language: English, abstract: Actually, a country where flying is affordable for only top 8 percent of the population is beneath any notice. But not in the case of the country called China. Recent years have seen a thriving Chinese economic development which has brought a huge demand for aviation business. The aviation market in China is expected to double in size about every eight years. As expansive as the market may seem today, it is still in its infancy. As a result, business aviation, private aviation, emergency, industrial aviation are expected to embrace for substantial growth potential. Today, the Chinese economic miracle has been fuelled in large part by a flood of foreign investment. However, the influence of Chinese government is extremely present and restricting the aspiring industry. Since China has been a socialist country, the leaders in Beijing play a predominant role in nearly every single sectors of Chinese economy. In contrast, government policies have been very supportive of the industry and, unsurprisingly, it has yielded positive results. The aim of this research paper is to analyze present capability and potential of Chinese aviation industry and to identify its future challenges. The key questions to be answered in this context are: What are recent developements of Chinas aviation policies focusing on airline consolidation and how does the domestic airline and manufacture framework look like? Do endemic manufacturers have the ability to become a serious competitor to persist on the global stage and what are current challenges of Chinese Aviation industry? In order to answer these questions I am goiig to examine the evolution of Chinas aviation polices focusing on airline consolidation and the efforts in constructing a global and competitive manufacturer environment. Based on the historical development of Chinese aviation industry I will assess present market conditions and possible perspectives of aviation in China. An overview of the enormous air transport growth including aviation manufacturer expansions is given. In the second step I am going to clarify whether the emerging aviation industry in China has the potential to become a serious global competitor on the manufacturer market. Furthermore I will assess selected current collaboration programmes of the Chinese aviation manufactures in order to answer whether Chinas aviation industry will be able to spread ones wings anytime soon.
Sebastian Wagner
Seminar paper from the year 2013 in the subject Instructor Plans: Transportation Professions / Air Transportation / Logistics, grade: 1,0, University of Applied Sciences Wildau (Wildau Institute of Technology), course: Aviation Management 2012, language: English, abstract: Airports all over the world are regional centers of growth. They provide access to the worlds most important markets for the domestic economy. Airports interlink economic regions and are the basis for international business relations. Without any doubt, the Federal Republic of Germany has one of the densest airport network in Europe. Especially in populous areas, multiple international and regional airports are competing for potential passengers. Against the background of converting traditional airfields into multi-faceted facilities and shopping malls with runways, in the last decade airports tout for more than only people willing to leave the city by airplane. They are competing for prospective customers. As a result of these tendencies, the European airline and airport market is facing emerging competition. The question to be asked under this continuous cost pressure is not whether to react or not on the circumstances. Every single airport shall ask how to deal with that rat race and what its competitive advantage is. The competition between the recently renamed Dusseldorf Airport (DUS) and Cologne/Bonn Airport (CGN) is exemplary in this situation and is perfectly illustrating the new competitive situation. Separated by only 50 kilometers air-line distance, it can be assumed that both airports are in a race for supremacy in the Rhine-Ruhr metropolitan region since many years. The key question to be answered in this context is: Do both airports really compete and if, what are the business segments they are struggling for? How can the airports react on present developments and might they even benefit from a kind of cooperation? This paper is trying to give answers on the questions mentioned above. In the first part I am going to describe the local aviation market and current airport concepts of each location. Both airports will be classified in regard to their German and European airport market environment. Describing the traffic development within the last five years and analyzing the recent situation of both companies, I will try to forecast how the airports are going to evolve in the midterm horizon. In a second step I will examine kind and degree of competition between CGN and DUS. Moreover I will discuss whether an airport cooperation might be useful or even other solutions represent a valuable solution to guarantee a financially healthy future for both airports. Finally I am going to develop strategic recommendations for the operators.
Sebastian Wagner
Seminar paper from the year 2007 in the subject Electrotechnology, grade: 1,3, Reutlingen University (Produktionsmanagement), 48 entries in the bibliography, language: English, abstract: In times of the EU Enlargement Germany has been faced with steadily increasing freight and transit traffic, due to its geographical position in the middle of Europe. The German expressway system has an overall length of approximately 25.000 kilometers (both directions) and therewith is the longest system in Europe. Overall 1.2 million trucks use the German expressways and cover a total distance of 22.7 trillion kilometers every year. The preservation and further expansion of this system is an important leverage of development for Germany and Europe as a whole. The costs for road construction and maintenance have been rising directly proportional to the transit traffic. Since this burden was only carried by Germany's public, namely by the German citizens' taxes, the Federal Government launched a distance-based toll for all heavy goods vehicles with a total weight of 12 tons or more, driving on German expressways. This so-called "LKW Maut" came into effect on January 1st, 2005 and is a watershed in financing. For the first time the costs for maintenance are allocated to those who predominantly cause the abrasion. Politics call this a better and fairer financing of the infrastructure. One heavy truck stresses the streets 60.000-times more than a car. In addition this toll system leads to a higher transport efficiency, which can be seen in the fact that empty return trips went back from over ten to nine percent in 2005, respectively. Thereby it also has a positive effect on sustainability. The fee, each truck has to pay, is defined in accordance to the number of axles, the relating emissions class and the distance travelled. Political background of the toll is to shift freight traffic from the roads to railroad and waterways. Toll Collect GmbH has been responsible for developing a toll system in the name of the Federal Republic of Germany which united GPS technology for satellite-based positioning and GSM (Global System for Mobile Communications). Together with vehicle-installed On-Board Units the system is able to determine the exact position of the trucks and to calculate the toll amount automatically without any need for stops because of personal log-ons for the intended route.
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