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Research on Private International Law for Air Transport Personal Injury Compensation

Author: XuZuo
Tutor: HuangShiXi
School: Shandong University
Course: Legal
Keywords: Aviation personal infringement jurisdiction applicable law
CLC: D997.1
Type: Master's thesis
Year: 2008
Downloads: 187
Quote: 1
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Abstract


The legal conflicts in Aviation Private International Law become increasingly prominent with the continuous development of the aviation industry, especially as continuous innovation of aviation technology and the operating mechanism of aviation , the International Air legal system also suffers from the self-test and continuously updated. Settlement of international conflicts in civil law is nothing but two ways: the substantive law adjustment methods and conflict-of-laws solution. International aviation field is no exception. "Warsaw Convention" and successive amendments to the Warsaw system formed by the International Air unified entity is the success of the model law. However, due to tradition and the existence of conflict of laws, as a product of compromise and conflict, Warsaw system will not solve all the problems, many specific issues still need to determine the rules conflict with the law applicable to adjust. In addition, all entities of the convention itself, the application of the law and not clearly defined. Therefore, at present, in dealing with international aviation tort damages, the application of the law is still concern among various countries. In addition, due to the special nature of international air transport, as well as to the difference in the level of compensation, resulting in litigation jurisdiction issue has become a focus of intense debate, particularly in the so-called Fifth views on the issue of jurisdiction.Therefore, this paper will be of the International Air personal injury compensation from the jurisdiction and the applicable law perspective. And through the analysis of actual cases that in the air transport field of personal injury compensation, on our legislature and the judiciary exist the problems. And from the perspective of the applicable law, put forward suggestions on China’s "Law on Civil Aviation" perfecting amendments. With a view to help China’s air transport settlement of the damages dispute.This paper is divided into three parts. The first part mainly on the aviation private international law’s basic problem was outlined. First, the definition of international aviation the concept of personal injury compensation and classification. And according to classification of the relevant international conventions were introduced. Secondly, the legal interpretation of the conflict solution and air this issue of private international law choice. On this basis, the identification, jurisdiction and applicable law and their mutual relations were analyzed.First on the second part of the establishment and the development and evolution jurisdiction of the international aviation physical damages, and to make an evaluation to the fifth jurisdiction. Then, analysis of China’s aviation damages under the provisions of the proceedings, and the Baotou air crash as an example of China’s judicial practice of the problems that exist.The third part of the international private law applies aviation issues discussed. Resolving legal issues applicable first to the analysis of the relationship between the international conventions and domestic law, as well as air transport civil liability recognition. Then, the new development of the principles on the aviation damages applicable law is discussed. On this basis, the discussion of China’s aviation tort laws applicable legislation and judicial practice. And perfect suggestions on China’s aviation and personal tort law conflict are put forward.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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