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蒙特婁公約的第一個十年:國際航空運送人責任統一規範的新面向
Journal article

蒙特婁公約的第一個十年:國際航空運送人責任統一規範的新面向

東吳法律學報, Vol.22(4), pp.145-184
2011

Abstract

蒙特婁公約;一九二九年華沙公約;國際航空運送人責任;推定過失;最高責任限額;第五管轄籍;Montreal Convention;The Warsaw Convention of 1929;International air carrier's liability;Res ipsa loquitur;Limitation of liability;The Fifth Jurisdiction

The Montreal Convention came into effect in the year of 2003, and replaced in full scale of the constantly amended Warsaw regime, independently becomes a complete and single unified instrument to regulate certain international air carrier's liability. Aside from integrating the main body and several protocols of the previous regime, the Montreal Convention is empowered to modernize the regulations so to cope with the technical progress of aviation industry and the evolution of civil liability rules during such period. The long history and numbers of signatories of the Warsaw regime prove itself as a most popular unified laws convention aiming to balance the risks and interests of the carriers and passengers/consignors in the early era of international air carriage, which is also founded upon the interpretations from legal theories, constant amendments and judicial practice. Such jurisprudence is expected to be followed by the new Montreal Convention in the coming years so to fulfill the functions of a n unified liability regime. Almost every decade certain contemplations and reflections of the Warsaw regime would be conducted to keep the unified law updated and effective. It would also be helpful for us to do the same with the Montreal Convention in terms of its presumed functions and judicial practice now at its ten years anniversary. This article is therefore trying to manipulate such a model but covers limited scale of topics which includes the basic principles and infrastructure of international carrier's liability, the monetary limitations and exclusive jurisdictions, so to reflect in a tentative way the effectiveness of the new regime and its compatibility with local regulations of the signatories.

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