The awkward and unsatisfactory application of maritime principles to aviation issues has created many problems for practitioners. A particular area of difficulty is the assessment of the rights and liabilities arising from aviation deaths on the seas. This Article sets forth a method of analysis to assist the practitioner in evaluating and litigating a wrongful death claim in light of the various remedies available. Specifically, the Article examines whether United States or foreign law should apply to a particular claim, which body of law should apply to a claim in a particular jurisdiction, and various substantive and procedural advantages and disadvantages to the different bodies of law.
Aviation Deaths on the Seas: The Flight into Maritime Law,
10 Hastings Int'l & Comp. L. Rev. 57
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol10/iss1/4