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Study On Carrier's Liability System Of International Passenger's Air Transportation

Posted on:2006-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:F XuFull Text:PDF
GTID:2166360152485047Subject:International law
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International air law is consisted of three parts. The first is the public international air law which centered on the Chicago Convention of 1944, which established the principal of airspace sovereignty, nationality of air craft and cooperation of international aviation. The second is the criminal international air law which centered on the Tokyo Convention of 1963, the Hague Convention of 1970 and the Montreal Convention of 1971. The third is the private international air law, namely Warsaw System, which centered on the Warsaw Convention of 1929. This paper focuses on the Carrier's liability system of international passenger's air transportation which is the core of Warsaw System and is the most disordered part of air law. The Warsaw Convention of 1929 is the first code in international air law, which emphasized on the protection of carriers. The Convention perfectly combined different legal systems and has been wildly accepted. After World War Ⅱ, the limitation of carrier's liability was increased by Hague Protocol of 1955, with the development of economic and the enhancement of human right notion. In the process of revolution, USA was the radical who put forward the Montreal Agreement of 1966 and promoted the conclusion of the Guatemala Protocol of 1971, which considerately increased the limitation of carrier's liability. The Protocol was rejected by other countries and has not entered into force until now. After the failure of the Guatemala Protocol of 1971, Warsaw System tended to break up. Developing countries was still holding the Warsaw Convention of 1929, but developed countries independently carried out reforms regarding the liability system of carriers under the Warsaw system in the form of domestic legislation, regional treaties and agreements between carriers. The two-tier system initiated by Japan in 1992 exerted great impacts on the Warsaw system. Despite the tendency of breaking up, there existed uniformity in the protection of passenger interests through domestic and international legislation with the development of economy and technology and the advancement of air insurance, which was reflected by the increase of liability limitation and the implementation of strict liability. Due to the disagreements in the private international air law, legal practice encountered huge difficulties; therefore, the Montreal Convention of 1999 was reached under the presiding of ICAO after a couple of years of efforts. This Convention inherited the contents of Jurisdiction of Warsaw Convention, and further introduced two-tier system, adjustment mechanism of liability limitation, pre-compensation system and the fifth jurisdiction, etc. This Convention exerted great influences in the international community, and was expected to replace Warsaw Convention to be the second code of private international air law in the future. The regulation of legal relationship regarding international air transportation commenced with the implementation of Civil Aviation Law of PRC of 1995 and relevant regulations. The above Civil Aviation Law is based on Warsaw Convention and Hague Protocol, and established a conservative carrier liability system, in particular, a liability limitation system far below that of international legislation, which was inconsistent with China's social development and the position that China held in the field of international air transportation, and should further be readjusted in the form of legislation.
Keywords/Search Tags:Warsaw Convention, Montreal Convention, Limitation of Liability, Principle of Liability Undertaking
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