Study On The Contemporary International Reality Of The Modernization Of The Rome Convention1952

The Modernization of Convention on Damage Caused by Foreign Aircraftto Third Parties on the Surface (the “Rome Convention1952”) has beenconsidered for many years by the International Civil AviationOrganization (“ICAO”) because of the insufficiency and inadequacy ofits legal frameworks comparing with the successful modernized WarsawConvention System, and the progress was accelerated by the terrorismattack on September11,2001. After years of effort, Convention onCompensation for Damage Caused by Aircraft to Third Parties (the “GeneralRisk Convention2009”), succeeding the Rome Convention1952, andConvention on Compensation for Damage to Third Parties, Resulting fromActs of Unlawful Interference Involving Aircraft (the “UnlawfulInterference Convention2009”), dealing with the aftermath of theterrorist attacks, are adopted in the International Conference on Air Law2009of ICAO. The two conventions newly promulgated should affect theinterests of the third party victims as well as the operation of theairline industries. Thus, the primary focus and concern of this thesis are the legal issues of the Modernization of the Rome Convention1952undercontemporary international reality.This thesis is composed of four chapters. To start with, the thesisfocuses on reviewing the past and current legal frameworks of the RomeConvention1952in respect of air operator’s liability for damage causedby the aircraft on the surface in the first chapter. The insufficiencyand inadequacy of the legal frameworks and regulations of Rome ConventionSystem, the Rome Convention1952with its Montréal Protocol1978, areexplained as the basic background of this study. The necessitations anddrives of the Modernization of the Rome Convention1952are emphasizedas the logical starting point of this study. Continuing with theintroduction of the modernization progress propelled by ICAO, the postureof promulgation of the two conventions is explained and discussed.Next, the four important subjects of the General Risk Convention2009and the three core subjects of the Unlawful Risk Convention2009arecarefully discussed and analyzed in the second and third chapterseparately. On the former,“definition clause and scope of the convention”,“liability regime and the limit of operator’s liability”,“damages andcompensation” with “forum and exercise of remedies” are analyzedelaborately in detail. On the latter,“definition of the act of unlawfulinterference and its further development”,“‘three-layer’compensationmechanism and ‘drop-down’ mechanism” with “issues on the internationalcivil aviation compensation fund” are analyzed particularly andpenetratingly as monographic study.At last, founded on the previous analysis and discussion in relevantregulations of the new conventions, this thesis points out their dilemmasand potential risks as well as the merits and achievements to aviationindustry under the contemporary international reality. By examining the current relevant regulations and judicial practices in China, this thesisalso points out some deficiencies and problems of China’s relevantstanding provisions, and certain suggestions for possible modificationsare put forward for the development of China’s future legislation inrespect of aviation.In order to evaluate the contemporary international situation of theModernization of the Rome Convention1952and draw a conclusion properlyand reasonably, the rationale of the subjects in respect of air operator’sliability for damage caused by the aircraft on the surface is examinedby both static synchrony approach and dynamic diachrony approach. Basedon the reality of international practice, all the legal issues in thisthesis are discussed in a dialectical way with specific analyses of bothpros and cons of the two conventions newly promulgated.