Research On The System Of Personal Injury Compensation For International Air Passenger Transport

January29,2015, after a multinational search effort of327days, the Malaysiangovernment officially declares Flight370an accident, in accordance with Annexes12and13to the Chicago Convention, with no survivors.Since the birth of civil aviation transportation industry at the beginning of20thcentury, it has been bringing great conveniences to us. However, aviation accidentsare nightmares in the development of international air passenger transportation industry. What is the carrier’s liability in the international aviation accidents? Andhow will the carrier assume compensation liability for the loss of the passengers’personal injury? To answer these questions, this thesis will be divided into five parts.The first part will briefly introduce the personal injury compensation system ofinternational air passenger transportation. The author will analyze the concept ofinternational air accident and introduce the integration and modernization of thepersonal injury compensation system of international air passenger transportation.International air carrier’s liability is governed by the Warsaw System and theMontreal Convention1999.The second part will introduce and analyze the jurisdictions under the WarsawConvention and the fifth jurisdiction established by the Montreal Convention. Besides,this part will discuss other issues related to jurisdiction.The third part will analyze the carrier’s liability under international aviationaccidents. Firstly this part will explain the nature of the carrier’s liability ininternational air passenger transportation. Secondly this part will introduce thedoctrine of liability fixation, especial the two-tier liability system stipulated byMontreal Convention. Finally this part will discuss the scope and limitation ofcompensation of the international air carrier’s liability to passengers.The fourth part will initiate optional lawsuit plans. One plan is suing theinternational air carrier, and the other is aiming at the airplane makers. Then willanalyze the advantages and disadvantages of each lawsuit plans.The last part will discuss the experiences we can learn from the personal injurycompensation system of international air passenger transportation. It includes therelevant provisions of the Civil Aviation Law of China and the application of the Warsaw System and the Montreal Convention.