Abdul Wahid V. Eastern Airlines International Air Passenger Transport Dispute Case Analysis

As flight delays are the most universal air travel problem nowadays, especially with the rapid development of global air transportation and disputes about legal responsibility for flight delays arise at times. By studying the Warsaw Convention, the Montreal Protocol and some relevant regulations, this paper will discuss in detail one legal case concerning international air travel. During the discussion, this paper will cite similar related cases to support this article. Finally, based on the analysis above, it puts forward some suggestions for the judge serving as judicial referee and for relevant legislation for our country. This paper is divided into five parts:Chapter one: case introduction. This part is divided into three levels: First, it describes the case in detail according to court records. Second, it discusses the main problems and controversial points between the prosecutor and defendant. Third, it does a broad and comparative overall analysis of the legal issues involved in the case and also the overall applicable legal framework. Based on this, it teases out some important legal issues and indicates that it is important and necessary to discuss these issues.Chapter two: the analysis of the procedural problems involved in the case. First, it lists the international convention rules on jurisdictional problems, and determines who will have jurisdiction over this case related to the specifics of the case. Second, on the basis of the applicable international conventions, it will analyze whether the defendant can be a third party to the legal proceedings or not. Third, this paper will draw some more specific conclusions by discussing the relevant Chinese laws after finding that there is no clear requirement written in the Warsaw Convention, and then it will consider the facts of the specific case to determine appropriate legal setting for the defendant.Chapter three: the analysis of the core problems of the case. This part is divided into three levels. First, it analyses the important elements of liability of the carrier: 1. Explore how national and international researchers and laws in define the problem of delay and conduct an overall analysis of the standards defining flight delay, thus determining that the delay is the fact. 2. This paper will introduce three different current explanations of “ aviation transportation ” in terms of “ during the transportation of a passenger by air, and also will compare the pros and cons of thesedifferent explanations. Therefore, the author draws a conclusion from the above analysis: the flight delay does exist in this case. 3. After analyzing the available compensation component of the Warsaw Convention and long-standing judicial practice concerning contracting parties, the author concludes: the prosecutor in this case has the right to claim compensation and the compensation amount complies with the provisions of the Warsaw Convention. Next the author discusses the liability of the carrier from the negative aspect: From the point of view of the plea made by the defendant, this part will discuss the exception clause of the Warsaw Convention. It also will cite previous cases to analyze both grounds of defense, the “take all necessary measures” and the “cannot defend” exceptions, therefore, the author proposes that in this case the defendant had the obligation to inform and assist the plaintiff. Finally, after the comprehensive analysis of the case, the author can come to a conclusion: The defendant's plea would not stand. Thus, the defendant should bear the plaintiff's losses caused by flight delay.Chapter four: discussing from two aspects in this part. First, particular suggestions are proposed on the improvement of the judicial adjudication procedure. This paper will summarize methods of handling such cases from three points of view: the mandatory application of the Warsaw Convention, the application of the general terms of the International Air Transport Association and the application of the specific law of transportation contracts. Second, the author will point out the current obligations that the carrier must obey in the aviation laws of our country and the author also puts forward some legislative proposals for our country to improve the construction of aviation legislation.Chapter five: the conclusion.