A Study On Jurisdiction Of International Air Carrier Liability Litigation

To determine jurisdiction is the first stage in an international air carrier liability lawsuit.Therefore,the jurisdiction rules are prerequisite for the party to obtain judicial protection of the substantive rights.These rules include jurisdiction rules recognized by international conventions(hereinafter referred to as “convention jurisdiction rules”)and rules in domestic laws pertaining to international civil and commercial litigation.Convention jurisdiction rules from the macro level is an international distribution of national jurisdiction,and from the micro level involves the trial results of international aviation civil claims,which is crucial to the substantive rights of the party.Though as domestic laws,often assumes the responsibility of implementing convention jurisdiction rules among domestic courts.However,in disputes of international carriage by air,some countries refuse to exercise jurisdiction according to the doctrine of forum non-convenience;the claimant selects the court and intends to submit the case to the court in its own favor;the carrier raises an objection on the jurisdiction on the ground of non-jurisdictional authority.When the situation occurs,both the prosecution and the defense may be involved in a long jurisdiction competing,preventing the case from entering the substantive trial stage,which is not conducive to the smooth resolution of the litigation.This paper studies the jurisdictional conventions of international air carrier liability litigation and the related domestic laws,and examines the evolving process of the relevant jurisdiction systems.It also analyses the problems in the jurisdiction rules and practices of international air carrier liability litigation on the basis of juridical practices.This paper suggests that a less restrictive standard on convention jurisdiction rules should be adopted in order to interpret it logically and legally,and the applicable conditions of doctrine of forum non-convenience should be determined through judicial interpretation.Meanwhile,the phenomenon of selecting courts should be regulated by signing jurisdiction agreements or arbitration agreements.