The Application of Private Air Law Conventions in China's Courts
Article from: TDM 5 (2021), in Aerospace
Abstract
The Warsaw Convention and the Montreal Convention have established the legal order in private international air law. Their direct application in domestic courts is determined by the mandatory nature of the text of the Warsaw Convention and the Montreal Convention. The application of those conventions paves the way for maintaining uniform international air law order. However, such legal order is undercut by certain rulings from China's domestic courts. Instead of directly applying the private air law conventions, those courts take a detour and find justification under the Law of the ...