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A Study On Liability For International Air Passenger Transport Disputes

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:X X DengFull Text:PDF
GTID:2206330503976147Subject:International law
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Since the 21 st century, aviation transportation industry has been the main way for people to travel in the whole world, and due to it, civil aviation transportation industry has also been improving with a high speed and low risk in the meantime. However,there are many accidents and nightmares in the development of aviation transportation industry because air transport is of high risk. Since the first international routes set up,a lot of news and reports of the air crash could be heard without end. When human being are longing for the dream to discover the secret of the sky, they also suffer the great pain of body and mind through all kinds of air crash. The pain results from the high risk of aviation transportation, the quality problems of aircrafts and the unpredictable darkness of aviation transportation industry. Thus law has been playing an important role to adjust the relationship and settle the disputes between the parties in the development of aviation transportation industry.As the aviation transportation industry is more and more complicated and developing towards diversification, no matter the work-distribution or the institutional rules of this area are more accurate and detailed than before. Therefore the private international law in this area has been attracting more professional people from all over the world. The accident which is called Flight 370 event is related to the liability problem of the international aviation transportation. How will the carrier assume compensation liability for the loss of the passengers’ personal injury? What is the carrier’s liability in the international aviation accidents? Where should people prosecute the carriers for gaining the maximum compensation? To answer these questions, this thesis will be divided into five parts.The first part will mainly introduce the private international law about aviation transportation. Starting with the Flight 370 Event, the author will put the concentrate on the limit of liability, the scope of compensation and affairs about jurisdiction. To clarify the basic problems resulted from the air crash, the author will analyze the concept of compensation liability to talk about the jurisdiction of the court.The second part will introduce main conventions about aviation transport industry. Through the way of comparative research and literature research, the author will compare different legislation rules in different international conventions and international legal documents. Under the Warsaw Convention and the fifth jurisdiction established by the Montreal Convention, the author will analyze the problems of jurisdiction.The third part will initiate the characterization system in private international law of aviation transportation industry. Characterization is an important issue in private international law. The author will explore the theory of the legislative relationship in private international law by talking about the theory of characterization.The forth part is the most important part of the whole thesis. The author will introduce the liability of the carrier in the air crash from the visual angle of the contractual liability and the tortious liability. By comparing the differences between the two conventions, the thesis will put the ascription of responsibility into the center of it.The fifth part will discuss the experience that we can learn from the personal injury compensation system of international air passenger transportation including Chinese law and two international conventions. After comparing the rules of two conventions, the author will design a legitimate and effective project for the families of the victims to prosecute Malaysia Airlines to obtain the maximum benefit and to put the liability research of the international aviation transportation into judicial practice.
Keywords/Search Tags:International Aviation Transportation, MH370 Event, Carrier’s Liability, Characterization, Personal Injury Compensation System
PDF Full Text Request
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