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Liability limit of the development trend of international air carriers of passengers damage

Author: HuoJunQing
Tutor: LiWei
School: China University of Political Science
Course: International law
Keywords: Liability regime of the International Air Transport The limits of liability of the carrier Passenger personal injury The Montreal Convention of 1999
CLC: D993.4
Type: Master's thesis
Year: 2008
Downloads: 145
Quote: 4
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Abstract


Has a long history of maritime law, the limits of liability of the carrier is a very important part of. In many respects, was born less than a hundred years of international aviation law draws on the experience of the maritime law, including this important element of the carrier's liability limit. Since the entry into force of the \This is not just the mechanical imitation of maritime law, and historical reasons, economic reasons, institutional reasons, the internal causes, external causes and fundamental reasons. Especially in the era of \to protect the interests of the infant industries of the air carrier rather than the interests of tourists is also a matter of course. However, since the Warsaw Convention as the decades after the produce of the first international private air law conventions on the carrier's damage to the passenger liability limits for the level of retention or abolition of the dispute would never subsided. Warsaw including the Warsaw Convention system file limitation of liability provisions are constantly changing, this complex situation makes the \High level of development of aviation science and technology, standards of living continue to improve this awareness is growing, the innovation of the \introduced, all reflect the carrier of passengers damage the existence of the liability limit is no longer protected more obstacles, the cancellation of the limits of liability has been inevitable. The 1999 Montreal Convention for passenger injury liability quota system were significant changes: First, set up a dual-gradient principle system on passenger injury liability limits. In the first gradient, the air carriers strictly liable compensation limit of 100 000 SDRs; the blame constructive obligation, no ceilings in the second gradient, the air carrier. Secondly, the establishment of an \The entry into force of the 1999 Montreal Convention, towards the free and quota responsibilities closer to step in and actively absorb the advances in the previous reform of the Warsaw system, comply with the development trend of the contemporary international air transport liability legislation, reversion to the International Air Transport unified system of rules of liability, for the effective operation of the stability of the international air transport liability regime provides a realistic and feasible system design. To learn from the 1999 Montreal Convention, developed a new domestic air transport carriers limits of liability provisions, the substantial increase in domestic air transport carrier's liability limits, in order to adapt to new situations. These circumstances show that the farmer subsidies King \

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