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Research On Civil Liability System Of International Aviation Transportation

Posted on:2007-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:M L ChenFull Text:PDF
GTID:2166360185990807Subject:International Law
Abstract/Summary:PDF Full Text Request
Natural internationalism of human aviation activity determines the internationalism of aviation law. To build an integrated international private air law system,no matter where a liability is caused and a claim compensation happens to ensure that an united law is applicable, international community constituted the Convention for the Unification of Certain Rules Relating to International Carriage by Air(the Warsaw Convention)in 1929. Then Warsaw System composed of the Warsaw Convention and documents revised thereafter is regarded as a basic law system to regulate international civil aviation transportation. The Warsaw Convention is one of success example of international unity substantive law, which covers fields of world traveler and freight air traffic, accepted by most countries in the world. It regulates concrete rules for international aviation transportation in its specific scope of application as well as sets a great effect on the domestic law of each country. The Warsaw Convention regulates three aviation transportation liabilities of traveler, luggage and freight, which have different explanation and application in different family of law and different judicial practice of countries. The article presents an induction and summary on the basis of comparative research of the above. The Warsaw Convention set up the supposed fault responsibility and carrier liability limitation, which is soul of the Warsaw Convention and core amended all previous hereafter. After the Warsaw Convention was executed, the liability limit has started its long and hard continuously amendment. After the amendment of The Hague Protocol in 1955, Guadalajara Convention in 1961, Montreal Treaty in 1966, Guatemala Protocol in 1971, Montreal Additional Protocol in 1975 and Montreal Convention in 1999, the liability limit has been increasing constantly through which a development trend of limit improving or dissolving has been well realizing, from the change of constructive fault obligation principle to principle of strict liability gradually, the unique system of double standard system of legal liability was determined at the very end in Montreal Convention in 1999. With a full of 70 years from the Warsaw Convention in 1929 to Montreal Convention in 1999, international private air law has finished its integration and modernization, and international aviation transportation law system reaches its completeness and unity, then a fresh law system is presented before us. Early in international air law development, bilateral and multilateral treaty signed between states has been taking largely effects, however, until 1960s to 1970s, agreement of liability limit between carriers has been rising gradually. For benefits of travelers, under pressure from American government most airlines engaged in international transportation have taken an alliance action to give up their limit of liability for compensation and waive their right of pleadings to claim to internal certainty damages in the Warsaw System. The Montreal Convention went into effect in China in 1999, China should directly apply rules in the convention, simultaneously, use rules in the...
Keywords/Search Tags:the Warsaw Convention, liability limit, strict liability, double standard rule
PDF Full Text Request
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