La responsabilidad internacional del transportista aéreo en caso de muerte o lesión de pasajeros: ‘forum shopping’ y futuro del Convenio de Montreal de 1999. Análisis jurídico y económico

Abstract

What after years became the so-called Varsovia System reached a level of insatisfaction among academics and law applicants, due to the disparity of legal instruments and diverse interpretation. The gaps provided an ideal scenario for malpractice of litigation, a phenomenon described as forum shopping. International Community rushed to reach a solution that a new International Law seemed to provide. The answers came with the Convention of Montreal 1999. Nevertheless, the discrepant conceptualization of damage between codified-civil-law and Common Law countries introduced a new challenge to the standardization pursued by the Convention. The analysis must be extended to the various models of liability given to the cases of death and injury of passengers, as solutions differ whether the risk created by international air carriers of passengers is based on fault, strict liability and intention. As a mean to prevent unnecessary further theorization, any research of law application should be based on the literalness of the Convention. Economic interpretation of jurisprudence welcomes jurists to accept a unique point of view in the correction of the legal models and the apprehension of the principles and values of the Instrument. The following text attempts to make legal and economic methodologies compatible under comparative grounds; in order to determine the future of the Convention, its achievements and failures.