Giulia Is Traveling From Italy To China The Plane Briefly L ✓ Solved

Giulia is traveling from Italy to China. The plane briefly lands

Giulia is traveling from Italy to China. The plane briefly lands in Thailand to refuel and pick up new passengers. In the process of landing in Thailand, the overhead storage bin across the aisle flies open and a carry-on bag whacks Giulia in the head causing a concussion. Does the Montreal Convention govern this incident? Explain in detail why or why not.

Following up on #1, Giulia’s husband, Kevin, is on board and is deeply disturbed by the incident to the point that he files a claim for mental anguish. What are his chances of success? Explain.

How many U.S. dollars would someone get if they sustained 100 kilograms worth of cargo losses under the Montreal convention on February 1st, 2018?

Lucas is flying from Houston, TX to Ixtapa, Mexico for a fishing vacation when a 3 hour delay in Houston forces him to miss his connecting flight, resulting in a loss of $500 in pre-paid expenses. If the delay was due to weather would the airline be liable under the Montreal Convention? What about a mechanical issue? Explain the likelihood of his success in recovery in each case.

Fishman ships a container of boys’ pants on a ship owned by Tropical. The container was lost at sea due to improper storage. The pants were attached into bundles of 12 each and placed into what is known in the industry as a “big pack.” A “big pack” is similar to a 4’x4’ pallet, partially enclosed in corrugated cardboard, with a base and cover made of plastic. The bill of lading stated, “1 x 40 ft. [container] STC [said to contain] 39 Big Pack Containing 27,908 unit’s boy’s pants.” Fishman maintains that Tropical is liable for an amount up to $500 for each of the 2,325 bundles. If the carrier is liable for up to $500 per “package,” what is the limit of the carrier’s liability?

I’m in the process of shipping goods that are damaged while sitting on the dock in California waiting for loading. Absent contractual language about choice of law, which law will govern my claim?

My goods are going to be shipped from Florida to South Africa. During the voyage, the ship’s captain makes a navigational error and runs aground 50 miles off course, destroying my cargo. Will the carrier be liable under COGSA? Explain why/why not.

What is the rule of law? Why is this concept a concern for International business? Do you think the United States lives by the Rule of Law? This has actually been a hot topic of late in our political discussions.

What does it mean to have “normal trade relations” with a country and why is this a big deal?

An Italian company believes that its products have been unfairly treated in terms of tariffs by the U.S. government. In what court would they bring their claim?

Explain two ways the president can get around the full treaty process.

The Trade Expansion Act of 1962 as amended by the Trade Act of 1974 states that if the secretary of the treasury finds that an “article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security,” the president is authorized to “take such action as he deems necessary to adjust the imports of the article so that it will not threaten to impair the national security.” Does this grant of power by Congress allow the president to establish quotas? If importation of foreign oil is deemed “a threat to national security,” can the president implement a $3–$4-per-barrel license fee?

Paper For Above Instructions

In addressing the first question regarding Giulia's incident on the plane, it is essential to determine whether the Montreal Convention applies. The Montreal Convention, which governs international air travel, provides legal frameworks for passenger injuries during flight operations. To establish whether Giulia's situation falls under its jurisdiction, we must examine the relationship between her injury and the conditions set by the Convention.

Giulia suffered a concussion from the overhead bin's bag, which can be classified as an accident occurring in the course of air travel. According to Article 17 of the Montreal Convention, carriers are liable for damage sustained in case of death or bodily injury of a passenger, provided that the incident took place during the carriage of passengers. Since Giulia’s injury occurred during the flight, the Montreal Convention indeed governs her case (Montreal Convention, 1999).

In the subsequent scenario, Kevin, as Giulia's husband, has filed a claim for mental anguish following his wife's injury. The likelihood of his success hinges on whether the Montreal Convention extends its protective provisions to non-passenger claims concerning mental distress. The Convention primarily addresses physical injuries sustained by passengers rather than emotional distress claims. Therefore, Kevin's chances of recovery would be considerably less, although he may pursue alternative legal actions outside the Convention (Mavromatis, 2020).

Turning to cargo losses, if someone sustained 100 kilograms worth of cargo losses under the Montreal Convention as of February 1, 2018, the compensation would depend on the current context and specific valuations within the convention. The Convention limits liability to 1,131 Special Drawing Rights (SDRs) per passenger, as defined by the International Monetary Fund (IMF). This roughly translates to approximately $1,600 at a margin of $1.40 per SDR. Therefore, when examining cargo liability under the Convention, $1,600 would be the maximum recoverable amount (Convention for the Unification of Certain Rules for International Carriage by Air, 1984).

Next, we review Lucas's situation. He missed his connecting flight due to a three-hour weather delay in Houston, resulting in lost pre-paid expenses totaling $500. Under the Montreal Convention, airlines are not liable for damages arising from circumstances beyond their control, such as weather conditions. Hence, in this case, the airline wouldn't bear liability (Feldman, 2019). Conversely, should the delay have been caused by a mechanical issue within the airline's control, Lucas would likely have a solid basis for claiming the associated financial losses, as the airline would then be responsible for ensuring on-time arrivals (Zhang, 2021).

In the case of Fishman's shipment of boys' pants, understanding liability limits becomes fundamental. If the carrier is liable for up to $500 per package, the total liability limit can be calculated by multiplying the number of bundles (2,325) by the liability per bundle ($500), leading to a maximum recoverable amount of $1,162,500 for the lost bundles. This calculation follows standard practices in maritime shipping law (Fishman & Tobin, 2001).

Discussing the governance of goods damaged while docked in California, generally, absent any express contractual language, federal admiralty law typically governs claims related to shipping incidents. Therefore, if no local law or jurisdictional specifics pertain to the claim, admiralty law will be the default governing framework (Ryan, 2020).

If cargo is destroyed due to navigational errors during shipment from Florida to South Africa, the carrier might be held liable under the Carriage of Goods by Sea Act (COGSA). COGSA mandates that carriers exercise reasonable care during the shipment. Unless the ship's captain can prove the error is excusable under the Act, liability may extend to damages incurred (Meyer, 2018).

Analyzing the rule of law, it refers to the legal principle that the law applies equally to all individuals and entities, serving as a foundational concept for any stable society or business environment. In international business, inconsistencies or deviations challenge transaction certainty and confidence among countries. The U.S.'s commitment to the rule of law has faced scrutiny in contemporary political discussions, and debates surrounding adherence seem particularly pronounced (Simmons, 2022).

The concept of “normal trade relations” represents the trading privileges granted to countries, typically minimizing tariffs and fostering diplomatic relations. This status can significantly impact economic performance, competitiveness, and relationships among nations, particularly for U.S. policy and trade (Lind, 2019).

In the case of an Italian company contesting unfair tariffs, they would likely pursue redress through the U.S. Court of International Trade, which specializes in cases involving international trade laws (Jones, 2021).

Presidential circumvention of the full treaty process can occur through executive agreements and utilizing power under congressional authorizations or emergencies. These practices enable rapid implementation of trade policies without the extended negotiation necessary for formal treaties (McCarthy, 2023).

Lastly, the Trade Expansion Act of 1962 allows the president to impose import quotas to safeguard national security interests, subject to congressional virtue. Both the establishment of quotas and impose fees within foreign oil imports to ensure national security fall under discretionary powers provided by the legislation (Mitchell, 2020).

References

• Convention for the Unification of Certain Rules for International Carriage by Air (1999).
• Fishman & Tobin, Inc. v. Tropical Shipping & Const. Co., Ltd., 240 F.3d 956 (11th Cir. 2001).
• Feldman, A. (2019). "Airline Liability for Flights." Transportation Law. Revue du Droit de l'Air.
• Jones, M. (2021). "U.S. Court of International Trade: An Overview." Journal of International Trade Law.
• Lind, J. (2019). "Understanding Normal Trade Relations." Trade Policy Review Journal.
• Mavromatis, G. (2020). "Exploring Claims Beyond the Convention." International Aviation Law Review.
• McCarthy, H. (2023). "Presidential Powers in Trade." Harvard Law Review.
• Meyer, S. (2018). "Navigational Errors and COGSA." Maritime Law Journal.
• Mitchell, R. (2020). "National Security and Trade Measures." National Security Law Journal.
• Simmons, E. (2022). "The Rule of Law and International Business." Business Ethics Today.
• Zhang, Q. (2021). "Liability in Airline Delays." Airline Economics Review.