Abstract
| The judgment on the Warsaw litigation against China Airlines with respect to the fatal crash of its fleet B1816 at the Nagoya Airport, April 1994 was released by the Nagoya District Court on December 26, 2004, after eight years of constant debates and hearings. The judgment worth a serious glance since it is one of the few rendered by a High Contract Party's venue encompassing relatively broad issues of the international liability regime, i.e., the definition of High Contracting Party (and if Taiwan is one of which), the meaning of contract of carriage, mandatory jurisdiction and its possible exception, whether the carrier’s maneuvers amounts to dol or faute lourde, and the application of punitive damages. This article is intending to provide a critical analysis over these respective issues of the judgment by way of reflecting the related drafting history, authorities and collateral practices of the treaty partners, and concludes with a tentative remark of its contribution to the regime still in the making. |