Research On Carrier's Liability In International Air Passenger Transportation

This thesis, on an perspective of international law and revolving around Warsaw System and the Montreal Convention of 1999, dissects profoundly the unified legal rules on carrier's liability in international air passenger transportation, employing a variety of research methods such as hermeneutic of law, historic research, comparative research, case study, etc. By way of introducing the applicable law rules of Warsaw System, the thesis analyzes and prospects on the unified application of the Montreal Convention of 1999. Furthermore, the author reviews the shortcomings of Chinese legislation on carrier's liability in air passenger transportation, and comes up with proposals about improving relative institution of Chinese aviation law, referring to related international conventions.The thesis consists of 3 parts:introduction, main body and conclusion. There are 7 chapters in the main body. The introductive part gives an account of the topic background, research significance, research status home and abroad, literature and research methods.Chapter one introduces the unification liability rules system of international air transportation-Warsaw System, which is constituted by Warsaw Convention (the Convention for the Unification of Certain Rules Relating to International Carriage by Air of 1929) as well as the 8 revision documents afterwards. The chapter discusses the formation, developing process and basic structure of Warsaw System, and introduces as well as comments on the revision background and basic rule of a variety of law documents within the frame of Warsaw System, and finally elaborates the departing crisis and modernizing hope derived from deviating practices by some variable countries.Chapter two deals with the newly enacted Montreal Convention of 1999:its enacting background, birth process, innovative items on the carrier's liability in international air passenger transportation, which leads to the author's legal judgment on the Montreal Convention both positively and skeptically.Chapter three deals with the focus problems of the carrier's liability in international air passenger transportation - doctrine of liability fixation and limitation of liability. Firstly the chapter explains the nature of the carrier's liability in international air passenger transportation, and illustrates the issue of concurrence of tort liability and liability for breach of contract. Secondly the part analyzes transforming process of the doctrine of liability fixation from presumed fault principle to Strict Liability, the constitutes of grounds for exemption, and the breakthrough process of compensation limitation of liability from low to high until unlimited compensation. Finially the part points out that the Two Tire System initiated by the Montreal Convention of 1999 confirms with the trend of air liability law and gives attention to both the developing and developed countries.Chapter four discusses those carrier's liability problems caused by passenger casualty and other physical injury in international air passenger transportation. Referring to different countries' doctrines and practices, especially American trial practice, the part analyzes the elements of carrier's liability for passenger casualty and meanwhile elaborates whether the unification liability rules of international air passenger transportation accepts mental compensation and punitive damages.Chapter five discusses the carrier's liability caused by delay in international air passenger transportation. The part examines the long perplexing issue of delay in international air transportation, makes clear the connotation and extension of delay within Warsaw System, and defines two different liabilities according to reasonable and unreasonable delays. In addition, the part introduces the rules of the most advanced legislation in terms of delay-EU Regulation 2027/97, and the final selection on standardizing delay of the Montreal Convention of 1999.Chapter six discourses the issue of Jurisdiction in international air passenger transportation. By introducing the four jurisdiction courts of the Warsaw Convention of 1929, the part elaborates the application of practices of the four jurisdiction courts, and analyzes as well as comments on the Fifth Jurisdiction established by the Montreal Convention of 1999.Chapter seven deals with the revelation of the carrier's liability law in international air passenger transportation for Chinese civil air law, which is also the conclusion of the thesis. Based on elaborating the carrier's liability law in international air passenger transportation, the part analyzes the status quo and shortcomings of Chinese carrier's liability institution in air passenger transportation, discusses the construction of a new institution, and put forwards relevant suggestions in terms of revision and improvement.