The main purpose of this thesis is to explore the hypothesis that although Islamic law has its independent principles of liability, Islamic States can adopt international air carrier’s liability in... Show moreThe main purpose of this thesis is to explore the hypothesis that although Islamic law has its independent principles of liability, Islamic States can adopt international air carrier’s liability in international flights and allow the two systems to coexist in domestic flights In so doing, the work focuses mainly on the legal system of Iran.To verify the hypothesis, the author provides five chapters. Chapter 2 discusses the prevailing legal systems that are the common law and civil law that have affected the Warsaw system. A close study of the principles underlying legal liability in these two systems would in turn be very useful in gaining a better understanding of air carrier’s liability in private international law.Chapter 3 investigates the legal liability under the Shariah and Iranian law. The most important issue is the determination of liability limits for death and bodily injury, which is in contradiction with the limited liability and unlimited liability for death and bodily injury in the Warsaw-Hague regime. Chapter 4 deals with the general principles of liability that govern air carrier’s liability in international instruments. There, the author analyses these principles and compares them with the Shariah principles. The Chapter 4 argues and demonstrates that the principles of air carrier’s liability in international treaties are dynamic that continuously evolves. Therefore, States with diverse legal systems can adapt themselves to the principles of the international system. Chapter 5 concludes by highlighting that the Shariah is indeed consistent and able to co-exist with the liability principles of the Warsaw-Montreal regime. Show less
