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International and National Aviation Rules Versus Consumer Protection Regulations: A Comparative Report on the Position of Latin American Countries in Relation to EU Regulation 261/2004

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Chapter Summary

In Argentina, consumer protection law has not exercised the same influence on air law as it has in other parts of the world. As far as air travel consumer rights are concerned, Latin American countries followed the recommendations by the Latin American Civil Aviation Commission (CLAC) in order to adapt its internal regulations on this matter to the peculiarities of each country. Firstly, because the regulations on consumer protection issued by each country are rooted in an ICAO agency, the CLAC, and not in an entity that deals with commercial aviation-specific issues, as is the case with EU Regulation 261/2004. Secondly, because aviation-related case law varies from one EU State to another, since some of their legal systems are based on Common Law as to which see especially Great Britain and Ireland whereas others including but not limited to Spain, France and Italy rely on Greek, Roman and French Law.

Keywords: air law; air travel consumer rights; Argentina; aviation-related case law; Common Law; consumer protection law; EU Regulation 261/2004; ICAO agency; Latin American Civil Aviation Commission (CLAC); Latin American countries



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