Judicial Application Of Article 17 Of The Montreal Convention

The Montreal Convention signed in 1999 is a international convention for the purpose of formulating the carriers’ liability during international air transportation,Article 17 mainly provides for compensation for personal and baggage damage..The ambiguity of the jargon leads to different explanation and application among jurisdictions,and that makes it important for studying and researching the article.This thesis starts from the origin and source of Article 17 of the Montreal Convention,analyzes that the applicability of Article17 of the Montreal Convention is based on the criteria of the establishment of international air transport,the occurrence of accidents or incidents,the period of liability of the carrier,and the consequences of damage.Based on foreign judicial precedents,this thesis discusses the judicial application of Article 17 of the Montreal Convention in foreign jurisdictions.Starting from the four legal elements,the thesis discusses the definition of accidents,the determination of the carrier’s liability period,the scope of personal damage and luggage damage.The research on the application of Article 17 of the Montreal Convention in China based on China’s judicial practice and pointed out following problems in the judicial practice in China:logical thinking in China on whether to directly apply the Montreal Convention is not clear.The standards for identifying "accidents" are not consolidated,and the standards for identifying the scope of personal injury are not consolidated.In the last part of this thesis,the author recommends to formulate the judicial interpretation of the directly applicable treaty,unify the judgment standards of accidents,unify the standards for determining the scope of personal injury,and improve the transportation system of checked baggage insured declaration to promote the application of Article 17 of the Montreal Convention in China to improve the credibility and influence of Chinese judicial trials.