Treaties - Warsaw Convention - international air transportation - recovery of damages - loss of society - death in air crash - Death on the High Seas Act - maritime and admiralty law
Article Abstract:
The US Supreme Court's 1996 decision in Zicherman v. Korean Air Lines holds that the Death on the High Seas Act, rather than the Warsaw Convention, is the governing law for family members seeking loss of society damages in connection with an airplane crashing into international waters. In this case, the petitioners lost family members when a Korean jetliner was shot down for violating Soviet airspace in 1983. The Court ruled against the family's argument that the Warsaw Convention could be considered governing in the incident.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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Criminal law - Italian constitutional law - European Convention on the Transfer of Sentenced Persons - agreement regarding confinement of a transferred prisoner - effect and constitutionality of such an agreement
Article Abstract:
In the recent Baraldini case, the Italian Constitutional Court held that the agreement with the United States regarding the transfer of a prisoner from the U.S. to Italy violated the Convention on the Transfer of Sentenced Persons. The author argues that the Court was incorrect in this finding. She also contends that the Court's ruling will make transfers more infrequent, in violation of the Convention's intent.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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