Clearing the air: Positions of Canadian parties vis-à-vis the environment

Thursday, September 18, 2008

In the lead-up to the 2008 Canadian federal elections much speculation was made about environmental issues and initiative, with various parties maneuvering to claim some portion of the green mantle. But it was the Liberal party which first brought a full-blown policy to the public.

In the months since the Green Shift initiative was brought forth, the political pundits and activists have both talked about this year as the first election where the environment would be a major issue on the minds of voters, and possibly a decisive one for the electorate.

It’s indeed true the environment ranks very high in minds of voters across the country, particularly among young voters. One national survey of Canadians between 18 and 25 finds the environment is the top issue. A poll of all voters found it to be the third most important single issue over all, behind the economy and health care, but the poll suggested that no one issue has really caught the attention of the electorate with many issues gaining similar attention.

The parties themselves seem indecisive, trying to claim a focus on environmental issues but rarely making specific proposals or promises, with the notable exception of the Liberals whose platform has been targeted by opponents and commentators as “wildly experimental” and “doesn’t go deep enough” by turns.

Examining the platforms of the New Democratic Party regarding air pollution and global warming as available on their website, one is struck by a lack of substance. Reference is made to C-377, the Climate Change Accountability Act, which the NDP calls “Layton’s Kyoto-Plus Bill”, which was passed in 2006. The party believes Canada can achieve its Kyoto requirements by 2012, though no mention is made of how a Layton government would do so.

In June of 2008 the Liberals tabled a plan, the Green Shift, which they claim would reduce Canada’s greenhouse gas emissions 20% under 1990 emissions – well below the 6% required by Canadian law when Canada ratified the Kyoto Accord – by 2020, which is rather after the 2008-2012 phase-in period required by that same law. The method of performing this reduction would be to shift the Canadian tax system, reducing income and revenue taxes by replacing them with taxes on greenhouse gas emissions. The plan generated considerable discussion and opposition, and the party has back-pedaled in some portions and added on in others, as well as announcing a couple of separate initiatives to soften the effects for farmers, homeowners, and fishermen among others.

A more diverse approach than solely a “Carbon Tax” is proposed in the Green Party’s platform, which presents an almost holistic approach of adherence to the Kyoto obligations, “Cap and trade” of carbon emissions, industry development with both green technology R&D and regulation as well as consumer subsidies, and their own version of a carbon tax. Alone of the parties they specifically mention the role of international diplomacy/trade as a part of their approach.

Such an approach appears to be anathema to the Conservatives, whose mantra since their election has been that Kyoto cannot be complied with without forcing an economic recession on the country, and used the Throne Speech of 2007 to reiterate that position. They have opposed cap-and-trade schemes in the past, but their platform for this election states their plan to reduce greenhouse gas emissions includes emissions caps for “four air pollutants commonly associated with smog and acid rain,” as well as “tough emission reduction targets”.

In contrast to the laundry-list of unconnected initiatives on the Conservative’s website, the clean platform pamphlet created by the Bloc Québécois makes a simple and apparently heartfelt statement on the environment:

La lutte aux changements climatiques est devenue un enjeu fondamental pour l’humanité et le Québec est déterminé à apporter sa contribution, à sa façon. À Ottawa, c’est le Bloc Québécois qui mène la lutte en faveur de l’application du protocole de Kyoto dans le respect des choix du Québec.

Tackling climate change has become a fundamental issue for all of humanity and Québec is determined to make its contribution, in its own way. In Ottawa, the Bloc Québécois, respecting Québec’s choices, is leading the fight to enforce the Kyoto Protocol.

Just how they plan to enforce the Kyoto obligations is not stated, though they do discuss a carbon market, and tax incentives for home heating upgrade and transportation.

There seems to be a wide if somewhat shallow interest in the electorate as to just what each party is offering on the environmental file. But with sketchy platforms regarding environmental issues, it’s no wonder some of the parties have turned to the subject of economics in recent days.

Tuesday, January 28, 2014

Evansville, Indiana, United States — This past week marked the opening night of an Andy Warhol exhibit at the University of Southern Indiana. USI’s art gallery, like 189 other educational galleries and museums around the country, is a recipient of a major Warhol donor program, and this program is cultivating new interest in Warhol’s photographic legacy. Wikinews reporters attended the opening and spoke to donors, exhibit organizers and patrons.

The USI art gallery celebrated the Thursday opening with its display of Warhol’s Polaroids, gelatin silver prints and several colored screen prints. USI’s exhibit, which is located in Evansville, Indiana, is to run from January 23 through March 9.

The McCutchan Art Center/Pace Galleries at USI bases its exhibit around roughly 100 Polaroids selected from its collection. The Polaroids were all donated by the Andy Warhol Photographic Legacy Program, according to Kristen Wilkins, assistant professor of photography and curator of the exhibit. The Andy Warhol Foundation for the Visual Arts made two donations to USI Art Collections, in 2007 and a second recently.

Kathryn Waters, director of the gallery, expressed interest in further donations from the foundation in the future.

Since 2007 the Andy Warhol Photographic Legacy Program has seeded university art galleries throughout the United States with over 28,000 Andy Warhol photographs and other artifacts. The program takes a decentralized approach to Warhol’s photography collection and encourages university art galleries to regularly disseminate and educate audiences about Warhol’s artistic vision, especially in the area of photography.

Wikinews provides additional video, audio and photographs so our readers may learn more.

Wilkins observed that the 2007 starting date of the donation program, which is part of the Andy Warhol Foundation for the Visual Arts, coincided with the 20th anniversary of Andy Warhol’s death in 1987. USI was not alone in receiving a donation.

K.C. Maurer, chief financial officer and treasurer at the Andy Warhol Foundation, said 500 institutions received the initial invitation and currently 190 universities have accepted one or more donations. Institutional recipients, said Mauer, are required to exhibit their donated Warhol photographs every ten years as one stipulation.

While USI is holding its exhibit, there are also Warhol Polaroid exhibits at the Tang Teaching Museum and Art Gallery at Skidmore College in Saratoga Springs, New York and an Edward Steichen and Andy Warhol exhibit at the Mary & Leigh Block Museum of Art at Northwestern University in Evanston, Illinois. All have received Polaroids from the foundation.

University exhibits can reach out and attract large audiences. For example, the Weatherspoon Art Museum at the University of North Carolina at Greensboro saw attendance levels reach 11,000 visitors when it exhibited its Warhol collection in 2010, according to curator Elaine Gustafon. That exhibit was part of a collaboration combining the collections from Duke University, located in Durham, North Carolina, and University of North Carolina at Chapel Hill, which also were recipients of donated items from the Andy Warhol Photographic Legacy Program.

Each collection donated by the Andy Warhol Photographic Legacy Program holds Polaroids of well-known celebrities. The successful UNC Greensboro exhibit included Polaroids of author Truman Capote and singer-songwriter Carly Simon.

“I think America’s obsession with celebrity culture is as strong today as it was when Warhol was living”, said Gustafon. “People are still intrigued by how stars live, dress and socialize, since it is so different from most people’s every day lives.”

Wilkins explained Warhol’s obsession with celebrities began when he first collected head shots as a kid and continued as a passion throughout his life. “He’s hanging out with the celebrities, and has kind of become the same sort of celebrity he was interested in documenting earlier in his career”, Wilkins said.

The exhibit at USI includes Polaroids of actor Dennis Hopper; musician Nick Rhodes of Duran Duran; publishers Jann Wenner of Rolling Stone Magazine and Carlo De Benedetti of Italy’s la Repubblica; disco club owner Steve Rubell of Studio 54; photographers Nat Finkelstein, Christopher Makos and Felice Quinto; and athletes Vitas Gerulaitis (tennis) and Jack Nicklaus (golf).

Wikinews observed the USI exhibit identifies and features Polaroids of fashion designer Halston, a former resident of Evansville.

University collections across the United States also include Polaroids of “unknowns” who have not yet had their fifteen minutes of fame. Cynthia Thompson, curator and director of exhibits at the University of Arkansas, Fayetteville, said, “These images serve as documentation of people in his every day life and art — one which many of us enjoy a glimpse into.”

Warhol was close to important touchstones of the 1960s, including art, music, consumer culture, fashion, and celebrity worship, which were all buzzwords and images Wikinews observed at USI’s opening exhibit.

He was also an influential figure in the pop art movement. “Pop art was about what popular American culture really thought was important”, Kathryn Waters said. “That’s why he did the Campbell Soup cans or the Marilyn pictures, these iconic products of American culture whether they be in film, video or actually products we consumed. So even back in the sixties, he was very aware of this part of our culture. Which as we all know in 2014, has only increased probably a thousand fold.”

“I think everybody knows Andy Warhol’s name, even non-art people, that’s a name they might know because he was such a personality”, Water said.

Hilary Braysmith, USI associate professor of art history, said, “I think his photography is equally influential as his graphic works, his more famous pictures of Marilyn. In terms of the evolution of photography and experimentation, like painting on them or the celebrity fascination, I think he was really ground-breaking in that regard.”

The Polaroid format is not what made Warhol famous, however, he is in the company of other well-known photographers who used the camera, such as Ansel Adams, Chuck Close, Walker Evans, Robert Mapplethorpe, and Helmut Newton.

Wilkins said, “[Warhol] liked the way photo booths and the Polaroid’s front flash looked”. She explained how Warhol’s adoption of the Polaroid camera revealed his process. According to Wilkins, Warhol was able to reproduce the Polaroid photograph and create an enlargement of it, which he then could use to commit the image to the silk screen medium by applying paint or manipulating them further. One of the silk screens exhibited at USI this time was the Annie Oakley screen print called “Cowboys and Indians” from 1987.

Wilkins also said Warhol was both an artist and a businessperson. “As a way to commercialize his work, he would make a blue Marilyn and a pink Marilyn and a yellow Marilyn, and then you could pick your favorite color and buy that. It was a very practical salesman approach to his work. He was very prolific but very business minded about that.”

“He wanted to be rich and famous and he made lots of choices to go that way”, Wilkins said.

Kiara Perkins, a second year USI art major, admitted she was willing to skip class Thursday night to attend the opening exhibit but then circumstances allowed for her to attend the exhibit. Why did she so badly want to attend? “It’s Warhol. He is a legend.”

For Kevin Allton, a USI instructor in English, Warhol was also a legend. He said, “Andy Warhol was the center of the Zeitgeist for the 20th century and everything since. He is a post-modern diety.”

Allton said he had only seen the Silver Clouds installation before in film. The Silver Clouds installation were silver balloons blown up with helium, and those balloons filled one of the smaller rooms in the gallery. “I thought that in real life it was really kind of magical,” Allton said. “I smacked them around.”

Elements of the Zeitgeist were also playfully recreated on USI’s opening night. In her opening remarks for attendees, Waters pointed out those features to attendees, noting the touches of the Warhol Factory, or the studio where he worked, that were present around them. She pointed to the refreshment table with Campbell’s Soup served with “electric” Kool Aid and tables adorned with colorful gumball “pills”. The music in the background was from such bands as The Velvet Underground.

The big hit of the evening, Wikinews observed from the long line, was the Polaroid-room where attendees could wear a Warhol-like wig or don crazy glasses and have their own Polaroid taken. The Polaroids were ready in an instant and immediately displayed at the entry of the exhibit. Exhibit goers then became part of the very exhibit they had wanted to attend. In fact, many people Wikinews observed took out their mobiles as they left for the evening and used their own phone cameras to make one further record of the moment — a photo of a photo. Perhaps they had learned an important lesson from the Warhol exhibit that cultural events like these were ripe for use and reuse. We might even call these exit instant snap shots, the self selfie.

Sunday, June 28, 2020

Last month, a study conducted by archæologist Dr. Naomi Martisius and other researchers concluded Neanderthals living in Europe tens of thousands of years ago were more sophisticated than previously thought. The now-extinct species used to carefully select bones from a particular animal species to manufacture their bone tools, the research showed. The research was published on May 8 in Nature’s Scientific Reports journal.

Dr Martisius and her team used five bone tools discovered from Neanderthals’ sites in southwest France for this research. Four of these bone tools were found in a site called Abri Peyrony and the other one was from Pech-de-l’Azé I. These tools were just a few centimetres in size and were about 50 thousand years old, Dr Martisius told Wikinews. Microscopy analysis of these bone tools called lissoirs (smoothers) suggested Neanderthals used these tools for working animal skin to leathers.

The study stated the fauna of the sites were primarily medium-sized ungulates such as reindeer, in one layer nearly 90%. Despite the overabundance of medium-sized ungulates, Neanderthals used ribs of large bovids for making lissoirs. Dr Martisius told Wikinews this was likely due to the physical characteristics of the bovid ribs, which were “thicker” and “stronger” as compared to the “thin and flimsy ribs” of reindeers. In order to check the origins of the bone tools, the researchers used a technology called non-destructive Zooarchæology by Mass Spectrometry (ZooMS).

Instead of damaging the bone artefacts in order to discover its origins, the researchers collected collagen from the plastic containers in which these artefacts were kept. Collagen is a type of protein. These bone artefacts were kept in plastic containers: some were kept for about five years, some for just a few months. During this time, the collagen proteins from bone tools were stuck to the walls of its plastic containers. The collagen samples collected from the walls of the containers are broken into smaller molecules called peptides by using a chemical enzyme called trypsin.

After the trypsin has broken collagen fibres into peptides, it is analysed using a technology called Matrix-assisted laser desorption/ionization (MALDI) Time-of-Flight mass spectrometer (ToF MS). The assisting matrix is a coloured compound. The acidic peptide is combined with the matrix, vapourised, and peptides are released. Some of them are positively-charged particles which travel across a vacuum tube in an electric field. Depending on the weight of the peptides, these molecules reach the end of the vacuum tube at different instances of time, forming a spectrum. These graphs are like unique fingerprints of a species: they are different for different species of animals. Looking at the database of such graphs, taxonomic identifications of the collagen proteins came be made.

All four bone tools from Abri Peyrony gave positive results and showed that the bones were made from large bovids, even though reindeer were more abundant during that time. One of the advantages of using bovid ribs over reindeer’s thin ribs was the bovid ribs would be more resistant to breaking during flexion, Dr Martisius said.

Dr Martisius said such non-destructive ZooMS analysis was previously conducted, but for tools no older than a few centuries. She said such an analysis had never been previously conducted for artefacts so ancient.

Wikinews caught up with Dr Martisius to discuss this research in-depth.

Thursday, September 10, 2020

Three children were taken to hospital after a Stagecoach South bus crashed into a tunnel in Winchester, Hampshire, England at about 8:10 am this morning.

A Hampshire Police spokesman said “We were called at 8.10am today, 10 September, to reports of a serious collision on Wellhouse Lane, Winchester, after a school bus collided with a railway bridge causing significant damage to the top of the bus. […] 13 students with minor injuries have been dealt with at the scene. […] We are working in cooperation with the school and Hampshire County Council children’s services to provide support to the students and their parents.”

Fourteen-year-old Zoe, on the top deck of the bus when the incident occurred, said the roof fell in and “everyone started screaming”, and “[i]t felt like ‘am I going to live or am I going to die?’?”.

Fifteen-year-old Robert, on the lower deck, said “I thought we’d hit the side of the tunnel, then I saw the top of the bus falling down”.

A spokesperson for Stagecoach South said their thoughts were with the children and their families, and they were carrying out an internal investigation.

Tuesday, September 25, 2007

Billy Murrell, a persistent graffiti vandal from South East London, has become the first recipient of an Anti-Social Behaviour Order (Asbo) granted to Transport for London (TfL) by Greenwich Magistrates. The civil order also bans him from the top deck of buses throughout England and Wales for three years.

Murrell, a 17-year-old from Plumstead, has a history of convictions for criminal damage on public transport, including vandalising a Tube carriage in Brixton station and for damaging buses and other public property using marker pens.

This is Transport for London’s first Anti-Social Behaviour Order against a graffiti vandal — TfL was granted the power to apply for Asbos by the Home Secretary in September 2006.

The Anti-Social Behaviour Order was issued at Greenwich Magistrates Court on 12 September and also bans him from carrying any permanent marker pens or any glass cutting equipment on London Underground, railway property or any other transport provider’s property.

Metropolitan and Transport police have been made aware of Murrell’s Asbo, and have distributed his photo.

In detail, Murrell is prohibited from:

• Entering any depot, siding or other part of London Underground property or railway property or any transport providers property which is not expressly open to the public whether on payment or otherwise throughout England and Wales

• Carrying the following articles, in any area specified (above) or in any public place, namely any form of unset paint in any form of container, any form of permanent marker pen, any form of shoe dye or permanent ink in any form of container, any form of paint stripper in any form of container, any form of grinding stone, glass cutting equipment, glass etching solution or paste, throughout England and Wales

• Aiding, abetting, counselling or encourage any person who was attempting or committing any form of unlawful damage towards any property not belonging to or under the direct authorised control of the defendant throughout England and Wales

• Travelling on the top deck of the any public transport bus within England and Wales

If without reasonable excuse the defendant does anything which he is prohibited from doing by this order, he shall be liable to a detention and training order, which has a maximum term of 24 months – 12 months of which is custodial and 12 months in the community

Upon turning 18 he will be liable to imprisonment up to five years.

Tuesday, April 30, 2019

Wikinews attended the sixth annual Mini Maker Faire in Tyler, Texas, United States on Saturday. Similar to a giant science fair, the event featured a variety of science, engineering and technology projects and items.

An array of technologies were on hand including 3D printers, drones, and various other physics devices. The owner of the Make Crate subscription service stated her company’s products place a strong emphasis on teaching young people about technology and coding. A traditional blacksmith was also on hand displaying metal working techniques.

Numerous Maker Clubs from an array of local schools were on hand, displaying a broad swathe of tech projects. A group of amateur hobbyists diplayed a model of the deck of the aircraft carrier, the USS Ronald Reagan with a solenoid device hooked up to launch paper airplanes.

• A volunteer hangs signage in preparation for the Mini Maker Faire in Tyler, Texas (April 2019) Image: Paul Budd.

• A parking sign showing the Discover Science Place logo. Image: Paul Budd.

• A banner for the event. Image: Paul Budd.

• A large 3D printer, installed in a portable trailer from LaTorneau College. Image: Paul Budd.

• 3D printed objects on display. Image: Paul Budd.

• The Make Crate company’s banner. Image: Paul Budd.

• Maker Club for All Saints, a local school in Tyler. Image: Paul Budd.

• Disclaimer poster. Image: Paul Budd.

• An interactive display, featuring bird songs, built by students from All Saints school in Tyler. Image: Paul Budd.

• A remote controlled police and medical drone on display. Image: Paul Budd.

Tuesday, October 30, 2007File:Nadine Strossen 5 by David Shankbone.jpg

There are few organizations in the United States that elicit a stronger emotional response than the American Civil Liberties Union, whose stated goal is “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States”. Those people include gays, Nazis, women seeking abortion, gun owners, SPAM mailers and drug users. People who are often not popular with various segments of the public. The ACLU’s philosophy is not that it agrees or disagrees with any of these people and the choices that they make, but that they have personal liberties that must not be trampled upon.

In Wikinews reporter David Shankbone’s interview with the President of the ACLU, Nadine Strossen, he wanted to cover some basic ground on the ACLU’s beliefs. Perhaps the area where they are most misunderstood or have their beliefs most misrepresented is their feelings about religion in the public sphere. The ACLU categorically does not want to see religion disappear from schools or in the public forum; but they do not want to see government advocacy of any particular religion. Thus, former Alabama Chief Justice Roy Moore’s placement of a ten ton monument to the Ten Commandments outside the courthouse is strenuously opposed; but “Lone Ranger of the Manger” Rita Warren’s placement of nativity scenes in public parks is vigorously defended. In the interview, Strossen talks about how certain politicians and televangelists purposefully misstate the law and the ACLU’s work in order to raise funds for their campaigns.

David Shankbone’s discussion with Strossen touches upon many of the ACLU’s hot button issues: religion, Second Amendment rights, drug liberalization, “partial-birth abortion” and whether or not George W. Bush should be impeached. It may surprise the reader that many ideas people have about the most visible of America’s civil libertarian organizations are not factually correct and that the ACLU often works closely with many of the organizations people think despise its existence.

Friday, November 20, 2009

On Thursday, ten of those on board British Airways Flight 38 launched a case against Boeing over the accident before a court in Illinois. They are suing over an alleged flawed design that allowed an ice buildup to bring the 777 jet down at London’s Heathrow Airport. Scottish advocate Peter Macdonald spoke to Wikinews, commenting on the case and explaining the surrounding legislation. He has experience of litigating aviation accidents.

Although investigations are ongoing, the United Kingdom’s Air Accidents Investigation Branch (AAIB) has issued interim reports indicating ice buildup on an engine component. As the jet passed over Siberia on its journey from Beijing, China it encountered significantly reduced temperatures. The AAIB has determined that the fuel was at a temperature below 0°C for an unusually long duration. This is believed to have caused water in the fuel — which met all relevant international standards — to have frozen into crystals.

A build-up of ice developed on a component called the fuel/oil heat exchanger. This restricted the flow of fuel to the engine, resulting in an “uncommanded engine rollback” — a loss of power — on approach for landing. Investigators initially struggled to produce enough ice under test conditions but later discovered that at high concentration, fuel can form ice at very low temperatures in enough quantity to seriously restrict fuel flow. This does not occur when fuel demand is lower, as the hot oil then becomes sufficient to entirely melt the ice. It was only when extra fuel was pumped in from the tanks for the landing that the crystals became a problem. The fuel/oil heat exchanger is a dual purpose part designed to simultaneously melt fuel ice and cool down engine oil by passing oil pipes through the fuel flow.

The crew of the aircraft were praised for their handling of the emergency, avoiding the airport’s perimeter fence and nearby houses to crash land short of the runway. None of the 136 passengers and 16 crew were killed but some of those suffered serious injuries, including broken bones and facial injuries. Some were left unable to fly and there were cases of Post Traumatic Stress Disorder (PTSD).

The crash was triggered by highly unusual circumstances; the first AAIB report noted that cold fuel behaving in this manner was an “apparently hitherto unknown phenomenon.” As part of the investigation, data of 141,000 flights of 777s equipped with the engine model involved — the Rolls-Royce Trent 800 — was reviewed without finding any relevant circumstance similar to the accident flight, although there was later a similar incident in the United States in which the aircraft continued safely after repowering one engine; the second did not lose power.

Given the circumstances surrounding the case, Wikinews asked Peter Macdonald if the plaintiffs intended to prove that Boeing knew or should have known the Rolls-Royce powerplant was dangerously defective by design. “I rather suspect that there may be product liability legislation in place in whichever US jurisdiction is being used,” Macdonald explained. “Such statutes normally do not require proof of fault, nor do they require proof of knowledge. All that you have to show is that there was a defect in the product which caused the losses concerned… If I am correct that it is a product liability suit, then the fact that this is the first such accident matters not.”

Macdonald went on to discuss the international legislation and how it interacts to the plaintiffs and the three companies involved — Boeing, British Airways and Rolls-Royce. Only Boeing is currently named in an action over the case. “There are several reasons why the plaintiffs will wish to sue Boeing in the States,” he said. “Were the plaintiffs to seek redress in a court in the United Kingdom, it is unlikely that the relevant part of Boeing would be subject to jurisdiction here.” He also pointed out that “US damages are generally higher than English damages.”

“As to whether Boeing should settle, that all depends upon the basis of the action. If it is a fault [negligence] based action, they will be able to defend it. If fault is not needed, that is why they would want the action dismissed, forcing litigation in the UK.” In the UK, a product liability suit “would ordinarily be directed against the importers, i.e. British Airways… It would be a simple matter to sue BA here [the UK] for the physical injuries and their financial consequences,” said Macdonald. “That leaves RR [Rolls-Royce]. I assume that the engine was made in the UK. They would be liable for a defect in terms of the Consumer Protection Act 1987, Part I.” This piece of UK-wide legislation states that “where any damage is caused wholly or partly by a defect in a product [the manufacturer] shall be liable for the damage.” Damage includes injuries.

US courts decide international jurisdictional issues under the Jones Act, passed as a result of Bhopal litigation, “which makes it much more difficult for a foreigner to sue in the US if the accident did not happen there… My restricted understanding of that is that it is likely that it would be difficult to remove an action from a US court where the aircraft was made in the US.” He further pointed out that the court would require there to be an alternative court with jurisdiction over the issue. “It may well be that the relevant part of the Boeing group is not subject to the jurisdiction of the English courts… I have seen cases where it was made a condition of the grant of an order under the Jones Act that the defendants would submit to the jurisdiction of a court in Scotland and that they would not take a plea of time bar in the even that an action was raised within three months of the court order.”

He then addressed the international law with regards to what could be claimed for against air carriers such as BA. In a previous case against the same airline, Abnett v British Airways, the House of Lords ruled in 1997 “that the only remedy for an injured passenger on an international flight is to sue under the Warsaw Convention, Article 17, incorporated into our law by the Carriage by Air Act, 1961.” The Warsaw Convention governs liability for international commercial airlines. At the time, the House of Lords was the highest court of appeal in the UK, although it was recently replaced by the Supreme Court. The Abnett case referred to British Airways Flight 149, in which Iraq captured the aircraft and occupants when it landed in Kuwait hours after Iraq invaded in 1990. Peter Macdonald represented Abnett in this case.

The Convention “provides a remedy for “bodily injury”. Interestingly, the term only appeared in the final draft of the Warsaw Convention. There is no mention of the term in the minutes of the many sessions which lead up to the final draft. It was produced overnight and signed later that day.” This term creates difficulties in claiming for mental problems such as the fear of flying or PTSD, although Macdonald points out that “there is a large amount of medical literature which details physical and chemical changes in the brains of people who are suffering from PTSD.”

In King v Bristow Helicopters, heard before the House of Lords in 2002 “held that PTSD was not a “bodily injury”, but expressly left the door open for someone to try to prove that what is known as PTSD is the manifestation of physical changes in the brain which have been brought about by the trauma. Such a litigation is pending in Scotland.” Macdonald is acting in this case.

Actions against Boeing are not bound in this way, as the Warsaw Convention only applies to airlines, making the States an attractive place to sue due to the issues with demonstrating jurisdiction against the relevant part of the Boeing group in the UK. Another reason why the plaintiffs would prefer to sue in America is that in the UK “there would be liability [for BA], and that would be subject to a damages cap. An action in the US [against any defendant] would probably have the same cap, but is likely to award damages more generously in the event that the cap is not reached.”