In order to answer the research question, the dissertation is divided into four parts. Part I examines the ratio legis of the 1999 Montreal Convention to determine to what extent uniformity is a... Show moreIn order to answer the research question, the dissertation is divided into four parts. Part I examines the ratio legis of the 1999 Montreal Convention to determine to what extent uniformity is a principal aim of the convention that must be pursued in its application. Part II analyses the factors which already existed at the time of the signing and prevented its uniform application. Part III scrutinizes the fragmentation factors that only appeared during the lifespan of the convention. Part IV makes different suggestions to improve the uniform application of the convention and to reduce its fragmentation. The author concludes the research with a list of not less than 10 recommendations to protect the aim of uniformity of the international air carrier liability regime established by the convention. Show less
This thesis explains the dynamics and nature of the Kurdistan Region of Iraq’s (KRI) de facto statehood since its inception in 1991, in particular the vicissitudes de facto independence since then.... Show moreThis thesis explains the dynamics and nature of the Kurdistan Region of Iraq’s (KRI) de facto statehood since its inception in 1991, in particular the vicissitudes de facto independence since then. This dissertation characterises de facto statehood in Kurdistan, and uncovers the dynamics of de facto statehood in Iraqi Kurdistan at internal, national and international levels. Kurdistan’s de facto statehood (such as territorial control, monopoly on the use of violence, and engagement with the international community) is shown to be inherently characterised by fluidity. In this thesis, fluidity is defined as a highly unstable nature of de facto statehood in the relational context of non-recognition. The dissertation reports on interviews with a number of high profile politicians and policy makers from the region to provide unique insights, among others the three main factors at play in the fluidity of the de facto state of Iraqi Kurdistan: the balance of power between the regional capital of Erbil and the Iraqi national capital of Baghdad; the level and form of internal fragmentation; and the change of strategies to gain international recognition. Show less
