Taking Air Passenger Rights Seriously: The Case Against the Exclusivity of the Montreal Convention

Abstract The 1999 Montreal Convention seeks to unify certain rules concerning the liability of air carriers in international transport. This article highlights problems that exclusion national favour a unified legal regime poses from consumer protection point view. International trade regulation carries an inherent structural risk bias industry rather than interests. Drawing inspiration human rights law, alternative inspired approach based on subsidiarity is put forward, which, instead seeking rigid uniformity at level, allows for recognition complementary role international, regional and levels protecting consumers. feasibility adopting such perspective interpreting also considered.