JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2009, Vol. 22 ›› Issue (3): 57-62.

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The New Development of Legal System Concerning Torts in International Civil Aviation ——From the Perspectives of the Unlawful Interference Compensation Con vention

ZHAO Jin-song   

  1. Center of Aviation Safety Technology, Civil Aviation Administration of China, B eijing 100028, China
  • Received:2009-05-04 Online:2009-09-25 Published:2010-05-20

Abstract:

While the human society stepped into the new century, due to increasin gly rampant terrorism, ICAO embarked on a new process named the modernization of compensation regime caused by foreign aircrafts to third parties (hereafter ref erred as to Rome convention modernization), and initially forms two draft instru ments. At the same time, the air law experts from the US and Europe attached unp recedented importance to Rome convention modernization, which can be called a si tuation in which a hundred schools of thought contend. The article wholly presen ts a panorama of Rome convention modernization and comments on arguments of the air law experts from the US and Europe. Then the author comes to a conclusion th at a transformation of Rome convention modernization from theory to practice is rugged and suffers many mishaps in its life compared with success of Warsaw conv ention modernization. So politicians shall make full use of flexibility and find a workable proposal which can be accepted by all the parties.

Key words: acts of unlawful interference, limits of compensation liability, supplementary c ompensation mechanism, Rome convention modernization

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