Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions

David Cluxton, Independent Researcher

This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions.

‘I was impressed with the detailed analysis of the drafting and textual history of both conventions as well as with the thoughtful analysis of the cases addressing the issue by the courts throughout the world. Particularly interesting is the discussion of U.S. jurisprudence where courts went from finding the Convention did not provide a cause of action to finding that the Convention provides the “exclusive” cause of action.’
– Andrew J. Harakas, Clyde & Co LLP, US

Cluxton的全面分析和最终rejection of the U.S. view on exclusivity is well thought out and worthy of a sober second look by the U.S. Supreme Court.’
– Alan H. Collier, AIR Legal Consulting and Pepperdine University, US