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Aerial Conflicts of Law: An Analysis of Conflicts of Law Rules as Applied to Aircraft

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Chapter Summary

This chapter reviews the various conflicts of law rules and demonstrates, on the basis of fictional scenarios, why the aviation industry needs uniform rules of private international law. It explains why the lex registrii, that is, the laws of the jurisdiction where the aircraft is registered as to nationality, is the most appropriate option. Unfortunately, neither the Geneva Convention nor the Cape Town Convention succeeded in imposing uniform conflicts of law rules on their respective Contracting States. The chapter also demonstrates that uniformity as to the rules of private international law in relation to the property regime applicable to aircraft is far away. One must take into consideration that a universal conflict rule also deserves a unified view on the term 'aircraft' so that it is clear what a security right under the lex registrii covers.

Keywords: aerial conflicts; aircraft; aviation industry; Cape Town Convention; Geneva Convention; lex registrii; private international law; property regime; universal conflicts rule



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