Fragmentation during flight: is the Warsaw Regime for liability of air carriers compatible with International Human Rights Law?
Bibliographic record
Abstract
This thesis analyzes the relationship between the exclusivity clauses of the Warsaw and the Montreal Conventions (Warsaw Regime), and the impossibility that these clauses posse upon States to simultaneously comply with some primary obligations under International Human Rights Law (IHRL). A detailed analysis of the core obligations of the IHRL regime would require a research beyond this master thesis; thus, I decided to limit the scope of this research to obligations under two key IHRL treaties: the International Convention on the Elimination of all Forms of Racial Discrimination (CERD) and the Convention on the Rights of Persons with Disabilities (CRPD). Also, I focus on two specific rights to which passengers are entitled during international air transport: i. the protection against discrimination on the grounds of disability and racial discrimination, and ii. the right to an effective legal remedy for breaches of the rights under the conventions. I demonstrate in this thesis that these two rights apply at the same time than the temporal scope of Article 17 of both the Warsaw and Montreal Conventions, namely in the context of international air travel and on board the aircraft or in the course of any of the operations of embarking or disembarking. However, legal conflicts exist because the application of the exclusivity clauses contained in these conventions preclude States to also comply with their obligations under the CERD and the CRPD. I argue that because these conflicts cannot be resolved by the existing collision rules and interpretative techniques in international law, these conflicts are unavoidable and engage the international responsibility of contracting States to the Warsaw Regime for breaches of their co-existing obligations under the CERD and the CRPD. These breaches go beyond the conventions because the two obligations examined constitute two core obligations under the IHRL Regime and can in the long term threaten the legitimacy and legal validity of the Warsaw Regime
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.011 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.016 |
| Scholarly communication | 0.008 | 0.010 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.003 | 0.003 |
| Insufficient payload (model declined to judge) | 0.006 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".