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Research on Compensation for Damages in Aviation

Author: ZuoJin
Tutor: ZhuZiQin
School: China University of Political Science
Course: International law
Keywords: Aviation damages Imputation Principles Limits of liability Cross-strait direct flights
CLC: D993.4
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract


December 15, 2008 Cross-Strait North line of two-way air direct routes opened, which marks the formal cross-strait direct flights open, people on both sides of the Strait exchanges and communication, unity and reunion play a pivotal role. Looking back on New Year's Day 1979, the Standing Committee of the National People's Congress to Compatriots in Taiwan \The early 1990s, the cross-strait aviation industry began to contact and exchanges, mainly in the form of visits and seminars between the airline industry, set up offices in each other, exchange technology and business issues related to direct in the \take multi open more than specified on the basis of mutual benefit \November 4, 2008, the ARATS and the SEF in Taipei signed the cross-strait air transport agreement three agreements. Under the agreement, the two sides will be two-way direct routes open air, so the passenger charter normalization and opening cargo charter. April 26, 2009, the ARATS and SEF leaders held a third round of talks, they reached and signed a \The cross-strait direct shipping has proceeded smoothly, July 29, 2009 the official opening and operation of the second bi-directional air of the Northern Line of cross-strait direct route South line of two-way direct air route. August 31, 2009, regular cross-strait flights also the maiden voyage. Throughout the achievements made by the two sides in the the interworking cooperation process in the field of aviation, the principle of \Can not be ignored, however, the two sides have not yet realized the unified under the premise, the legal issues arising from cross-strait direct flights than purely domestic or international disputes is much more complex, mainland China and Taiwan Aviation damages provisions less the same, especially civil aviation transport accidents, incidents identified, attribution of responsibility, as well as the amount of compensation for the limited existence of law aspects of the conflict, as well as difficult to define the legislative gaps. July 20, 1958, the country respectively joined the Warsaw Convention, August 20, 1975 approved adding the \between domestic legislation is not consistent with the place, but the advanced international legislation to provide new ideas for dealing with mainland China and Taiwan civil aviation disputes regional private, however, which also makes cross-strait air travelers indemnity dispute is more complex. This article will use literature analysis, case analysis, comparative study, perspectives on cross-strait direct flights aviation damages. Nature connotation discusses aviation liability for damages, for damages caused by aviation reason and responsibility during compare mainland China and Taiwan region in the field of civil aviation on the aviation damages the principle of attribution, the limits of liability, and the relevant judicial practice , compared to the relevant provisions of the Montreal Convention. Arrangements led to the development of mainland China and Taiwan aviation, combined aviation insurance system, to increase aviation delay insurance and strengthen play the coordinating role of the cross-strait non-governmental organizations for the secondary to propose a solution for direct flights across the strait, aviation damages disputes.

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CLC: > Political, legal > Legal > International law > Territory > Airspace,aviation law
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