• Title/Summary/Keyword: 예정기항지

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Whether the United States and the Republic of Korea were in a treaty relationship under the Warsaw Convention system -Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000)- (한미간(韓美間) 항공화물운송(航空貨物運送)에 관(關)한 공통조약관계(共通條約關係)의 존재(存在) 여부(與否)-Chubb & Son, Inc. v. Asiana Airlines (2nd Cir. 2000) 및 미국(美國)에서의 논의(論議)를 중심(中心)으로-)

  • Jeong, Jae-Joong
    • The Korean Journal of Air & Space Law and Policy
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    • v.16
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    • pp.160-196
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    • 2002

  • In this thesis. I have first introduced and studied Chubb & Son. Inc. v. Asiana Airlines. 214 F.3d 301 (2nd Cir. 2000). which held that at the time that the dispute in this case arose. there was no treaty relationship between the United States and South Korea under the Original Warsaw convention. the Hague Protocol. or a treaty consisting of those provisions of the Original Convention that were not amended by the Protocol. And I have analyzed U.S. government s position that was expressed in Brief for the United States as Amicus Curiae on petition for a writ certiorari to the 2nd Circuit on Chubb & Son case and 2nd Circuit s Fujitsu Limited v. Federal Express Corporation. 247 F.3d 423 (2001) which was held in a related question afterwards but was somewhat inconsistent with Chubb & Son s holding. Furthermore. I also examined U.S. government s measures which have been considered and taken to cope with consequences of Chubb & Son case's ruling. Lastly. I have examined several effects which Chubb & Son s ruling would give our nation s airlines and suggested our government's countermeasures.

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