| In International Aviation Law, air carrier liability is a hard-core issue. As Article 17 of Warsaw Convention provides an exclusive cause of action against airlines for injuries sustained in international flights, the interpretation of the term"accident"is of the greatest importance in the appliance of the article. However, due to the ambiguity of the wording in Article 17,what the term"accident"covers and how the victims may recover for injuries sustained remains universally controversial. This paper which divided into four parts deals with the legal issues aforesaid.Chapter One deals with the judicial interpretation of the term"accident"through a general and historical perspective. It concludes that the term"accident"should be interpreted in good faith in accordance with the purpose and negotiation progress of the convention.Chapter Two basically discusses the interpretation of"accident"when injuries are caused by the international flight itself. Besides, this chapter pays special attention to"accident"related to aviation medical emergences.Chapter Three mainly discusses the interpretation of"accident"when injuries are caused by co-passenger assaults. It argues that passenger-on-passenger assaults are Warsaw Convention"accident", provided that the flight crew plays a causal role in the assaults.Chapter Four deals with the issue of recovery for injuries caused by"accidents". This chapter primarily discusses the three classification of mental injury, and then discusses the problem of PTSD in depth. Furthermore, there are some comments on the current Chinese judicial practice relating to recovery for psychological injuries in International Aviation Law.Finally, this paper comes to its conclusion in the last part. |
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