The Warsaw Convention Annotated: A Legal HandbookMartinus Nijhoff Publishers, 2. nov. 1988 - 411 strani The book gives a comprehensive overview of the American & German constitutional regimes of affirmative action for women. It describes international & European Community rules which encourage & limit affirmative action taken by States. Comparison of the legal orders reveals a paradox. Affirmative action for women in America has existed longer & is more widespread & more institutionalized, although the spirit of the American Constitution conflicts with such policies more than the German Constitution. The American Constitution contains no clause explicitly guaranteeing gender equality. It establishes a principle of containment, that the government is prohibited from certain action, & does not acknowledge positive governmental duties. Individual freedom is of primary importance, & the socially dependent nature of the individual is barely recognized. In contrast, the German Constitution contains a gender-specific equality clause, Article 3(2) (passed in 1949 & amended in 1994), which is interpreted by some to allow quotas as a form of preferential treatment. German constitutional law also includes the principle that the state has affirmative duties, the principle of the social state ( Sozialstaat ), & the merit principle for hiring & promotion within the civil service. The discrepancy between policy & constitutional principle suggests that the formulation of policy is driven less by constitutional principles than by exterior elements such as the political & social situation, which apparently have led the United States to implement affirmative action despite a relatively weak constitutional basis & Germany to refrain from implementing affirmative action despite relatively strong constitutional support. The book also inquires into the utility of comparative law, its scope & its limits. It concludes that one should not overestimate the utility of comparative law as a tool of social engineering that prepares the adaptation of foreign policies to solve the apparently similar problems of different countries. The strength of comparative law lies rather in its critical potential. Thus, legal comparison mirrors the limits of law as a vehicle of social reform limits particularly obvious in the context of overcoming discrimination against women. |
Vsebina
Transport by State Under Postal Conventions | 16 |
Baggage Check | 30 |
Air Waybills Two or More Packages | 37 |
Evidentiary Value of Air Waybill Particulars | 43 |
Suit for Use of Another | 50 |
LIABILITY OF THE CARRIER | 55 |
Damage to Goods and Baggage Definition of Air Transpor | 66 |
8 ཁྐྲྲ | 92 |
The Hague Protocol 1955 in Spanish | 275 |
List of High Contracting Parties to the Warsaw Convention and The Hague Protocol as of May 1988 with References and Reserva tions | 285 |
The Guadalajara Convention 1961 French | 295 |
The Guadalajara Convention 1961 English | 301 |
The Guadalajara Convention 1961 Spanish | 307 |
List of Contracting Parties to the Guadalajara Convention as of May 1988 with Declarations | 313 |
The Montreal Agreement | 317 |
The Guatamala Protocol 1971 | 319 |
Customs Documents 52 | 94 |
Contributory Negligence | 120 |
Provisions Relieving Carrier Null and Void | 129 |
CHAPTER IV | 138 |
PROVISIONS RELATING TO COMBINED TRANSPORTATION BY AIR | 171 |
Definition Days | 177 |
Authentic French Text of the Warsaw Convention | 185 |
Text of United Kingdom Translation | 199 |
Text of Spanish Translation | 213 |
Text of Mexican Translation | 227 |
Text of Argentine Translation | 241 |
The Hague Protocol 1955 in French | 255 |
The Hague Protocol 1955 in English | 265 |
The Montreal Protocol Number I | 331 |
The Montreal Protocol Number II | 337 |
The Montreal Protocol Number III | 343 |
The Montreal Protocol Number IV | 351 |
U S A Code of Federal Regulations 14 C F R 221 175 | 363 |
U S A Code of Federal Regulations 14 C F R 221 176 | 365 |
IATA Passenger Ticket Notices and Conditions of Contract | 367 |
IATA Cargo Air Waybill Conditions of Contract | 373 |
Table of Cases | 385 |
ZLW Cases | 403 |
Supplemental Case Citations | 405 |
407 | |
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2d Cir accident action actual carrier aff'd agent agreed stopping places Air France Air Law air transportation Air Waybill aircraft airplane airport Airways Alitalia applicable Article 22 Artículo BOAC C.A. Paris cargo Carriage by Air carrier liable Cass cert clause consignee consignor contract of carriage contracting carrier contributory negligence Convention as amended Convention's court held D.C. Cal damages declared delay delivered delivery destination entitled F.Supp flight Flying Tiger Lines governed Guadalajara Guadalajara Convention guilty of wilful Hague Protocol High Contracting Party injury jurisdiction lawyer limitation of liability loss luggage mercancía Montreal Agreement N.Y. Civ N.Y. Sup notice passenger ticket passenger's plaintiff Polish People's Republic porteador presente Convención presente Convenio provisions ratification responsible rev'd RFDA RGAE rule Sabena shipper Special Drawing Right Sté successive carrier tariff territory transportador transportation by air transporte aéreo transporteur Trib Varig Warsaw Convention wilful misconduct