Passenger Injuries in International Air Law: Case Law Development and Upcoming Questions for Hong Kong Courts
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AbstractAir travel, by definition, involves multiple foreign elements. It is therefore important that there be uniformity of relevant laws across jurisdictions. A unified liability regime was first created in the Warsaw Convention of 1929 and then modernised by the Montreal Convention of 1999. Although the Warsaw Convention and the Montreal Convention have been regarded as successful conventions in international air law, art 17, the key article for passenger injuries, has been criticised for being ambiguous and outdated. Consequently, domestic courts that have interpreted art 17 have tended to stretch the textual meaning of “bodily injury”. This article reviews landmark passenger injury cases in the United Kingdom and the United States and analyses the Hong Kong decisions on passenger injuries. Further, the article anticipates that Hong Kong courts are likely to render decisions that include mental injuries under the Montreal Convention.
All Author(s) ListJae Woon Lee
Journal nameHong Kong Law Journal
Year2020
Volume Number50
Issue Number1
Place of PublicationHong Kong
Pages49 - 75
ISSN0378-0600
LanguagesEnglish-United States
Keywordspassenger injury, Montreal convention of 1999, air law, aviation law

Last updated on 2020-23-10 at 00:27