The Application of Law in International Air Cargo Transportation Litigation

In a dispute when three conditions are met, the court shall apply international aviation treaties in international air cargo transportation litigation. The three conditions are: the transportation being international air transportation, the dispute being regulated by international aviation treaty, and the dispute occurring in air transportation period. In applying the international aviation treaty, the court shall examine whether the countries of both parties join the same treaty, and make use of the legal principles such as lex posterior derogat, prevailing application of international treaty, and that the law should not be applied retroactively.