Research On Co-Passenger Personal Torts In International Air Travel And The Carrier's Liability

As the rapid development of modern air travel,more and more passengers choose air travel than ever before,bringing in many legal questions.One question is that personal harassments between passengers have become increasingly common.However,the international community does not reach a consistent consensus with the question that whether international air carriers are liable to passengers for their injuries suffered. There are also no specific provisions and suggestions accordingly in the Warsaw system or the Montreal Convention.Making idiographic analysis in accordance with the "accident" criterion of the Warsaw Convention and the Montreal Convention is the key point to the solution of these questions.Considering international legislation and states judicatory practice,this paper tries to make some discussions to the question,an "accident" is an event which is unexpected, unusual and external to the passenger.If an event satisfied the requirements of an "accident",the air carrier should be liable for the damage according to the liability system in the Conventions.This paper also makes some analysis on the air carrier's liability under the conventions.The paper is divided in three chapters:Chapter one is mainly about the accident analysis of the co-passenger tort in the conventions.First analyses the meaning of the "accident" in the conventions,then launch the accident analysis on this basis.Chapter two is mainly about the air carrier's liability from the quality of the liability,the principle of liability-beating,the period of the liability,the range of the liability,liability limitation and defenses. Chapter three is mainly about the perfection of the aviation law legislation in our country.First examine the international air carrier's liability in the conventions regarding the co-passenger tort,then points out how to perfect the aviation law legislation in our country.