Study On International Conventions Regulating Law Conflict Of International Air Passenger Transport

International air transport is a special category of transport which not only has typical international quality by its very nature, but also contained public law and private law. It is also a sector full of law conflict between different countries as a result of huge different level in terms of economic development. There are two approaches to solve this problem with regard to the law conflict in this field, the method of conflict law regulation and the method of uniform substantive law regulation. This thesis take the view of that, the uniform substantive law, which plays an important role in the field of international air transport, shall become main approach of solving disputes in the area of the international air transport business.The author therefore fully agrees with the principle that uniform substantive law shall have a priority in application and the mandatory jurisdiction with regard to the disputes area of international air transport. With respect of convention of a nature of private law regulating international air transport, the legal source is obviously"Warsaw System"(mainly the 1929 Warsaw Convention) and the 1999 Montreal Convention.Within the territory of China, the applicable law to international air transport is the Civil Aviation Law of the People's Republic of China, which entered into force in 1995 and other corresponding Ordinance and Regulations. The Civil Aviation Law is drafted based on the Warsaw Convention and the Hague Protocol. On the date of July 31st, 2005, the implementation of Montreal Convention was approved by Chinese Congress and came into effect since then. It was then that the previously adopted aviation laws was in conflict with the newly validated Convention provisions. So the amendment of present international air transport civil Aviation Law and the corresponding regulations and establishing a new aviation legal system based on scientific principle, is an urgent task with change of international laws and the development of Chinese air transport industry.The thesis consists of four chapters as follows:Chapter one, introduces the reason why the conflict law arises in the area of international air transport and analyzes the two solution available to us. The author take the view of that, the uniform substantive rules, which plays an important role in the field of international air transport, shall prevail.Chapter two, addresses the convention of a nature of private law regulating international air transport, with the legal source being obviously"Warsaw System"which consists mainly of 1929 Warsaw Convention and the 1999 Montreal Convention. In this part, the author introduce the main contents of Warsaw Convention and several revised documents in detail. In addition, contents of corresponding agreements made by IATA are also discussed in brief.Chapter three, introduces the drafting background and main content of 1999 Montreal Convention which provides the definite and unified rules for the solution to the disputes of international air transport. Then the author analyzes and evaluates the two-tier system and the fifth jurisdiction established by the 1999 Montreal Convention.The private law on international air transport has experienced a major shift from presumed default liability system to the system in which the strict liability and presumed default liability coexists, and from the compensation ceiling system to two tier principle for making compensation.Chapter four, sums up Montreal Convention's influence to our country, and puts forward legislative proposals that we should keep pace with the international legislative trend and modify our country's Civil Aviation Law and the corresponding regulations.