حقوق المستهلك في النقل الجوي للأشخاص وسبل حمايتها في القانون العراقي:دراسة تحليلية في ضوء التجارب والاتفاقيات الدولية
The air transport sector in Iraq is subject to the last ratified agreement, which is the Warsaw Convention of 1929م with its set protocols and the national laws governing this sector. Meanwhile, this agreement and national laws have been silent about some important rights of the passengers. The righ...
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| Summary: | The air transport sector in Iraq is subject to the last ratified agreement, which is the Warsaw Convention of 1929م with its set protocols and the national laws governing this sector. Meanwhile, this agreement and national laws have been silent about some important rights of the passengers. The rights include denial of the passengers from boarding plane, long delay, cancellation of flight and consumer protection among those with special needs and rendering assistance in case of flight stoppage. Besides, the air transport service providers in Iraq do not attach much importance to what is stated in the agreement, such as being committed to providing the air transport’s consumer with his rights, adhering to the flight schedules, abiding by the safety regulations and violating the provisions of the agreement. Thus, this thesis aims to study the concept of protecting people using air transport according to international law and explain the experience of the leading countries and what they gain in respect of air transport consumer protection. The countries include the United States of America and the European Union. Besides, this research work evaluates the Iraqi air transport sector through the legal and institutional frameworks meant for the protection of air transport consumers. It discusses the rights that are not covered by the Warsaw Convention and Iraqi Laws, and deals with consumer protection through the unfair terms contained in the air transport contract, and how to address them in accordance with Iraqi Law. This work also examines the mechanisms for resolving the disputes arising from the air transport contract in Iraq and how to address them for this purpose. The researcher used the inductive approach and the analytical method (library-based research). Based on the foregoing, the researcher has come out with the fact that the rules and regulations applied by the air transport sector in Iraq are not sufficient and need an active mechanism for the consumer protection. Therefore, there is a need to ratify the Montreal Convention of 1999م which guarantees better protection for the consumer of air transport (passenger). He also recommends the need to strengthen the two laws in force, namely: Iraqi Consumer Protection Law No. (1), 2010 and the Law of Competition and Prevention of Monopoly No. (14), 2010. Finally, having examined the importance of the air transport sector, the researcher concluded the need for legal and institutional reform to protect consumers in this sector. This involves the legislation of a specific law for consumer protection in the air transport sector stipulating his rights, forming a committee under the supervision of the Iraqi Civil Aviation Authority (ICAA) and suggesting a simple mechanism for lodging complaints. The said committee will be given the mandate to give the penalties considered appropriate under the law in case the air transporter violates the provisions of this law. |
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