JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2014, Vol. 27 ›› Issue (4): 25-31.DOI: 10.13766/j.bhsk.1008-2204.2014.0134

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On Jurisdiction of Carrier’s Liability in Asiana Air Accident

Yu Dan   

  1. School of International Shipping Law, East University of Political Science and Law, Shanghai 200042, China
  • Received:2014-04-03 Online:2014-07-25 Published:2014-07-23

Abstract:

The Montreal Convention of 1999 (MC) provides a set of uniform legal rules for carrier's liability in international air carriage. MC also stipulates five kinds of jurisdiction choice for plaintiffs and the determination of jurisdiction is one of most important factors in litigation since it always has influence on the litigation result. From the perspective of Asiana victims, a comparative analysis is made on jurisdiction rules of MC, and the conclusion is that there is little possibility for Chinese passengers to sue Asiana Airlines in the territory of US.

Key words: international carriage by air, carrier’s liability, jurisdiction, Asiana air accident, scope of compensation

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