This thesis deals primarily with the air carrier's liability in the case of passenger death or bodily injury under Warsaw System. It analyzes the problems of today and tries to offer solutions for the present crisis of the Warsaw System for the future. / The first chapter concentrates on an brief introduction of the development of the Warsaw System from the original Warsaw Convention, to the 1996 ICAO new draft instrument. The chapter gives the trend of development and explains the different characteristics of each Warsaw instrument. / The second chapter analyses the shortcomings of the original Warsaw Convention by comparing the rationales of the air carrier's limited liability in 1929 and the requirements of today. In this way, this thesis seeks to present the limited liability of air carriers as unreasonable and out of date. / In order to offer the suggestions and possible solutions for the future, the third chapter analyses the merits and shortcomings of the Warsaw Instruments, unilateral or group action, the ECAC recommendation, the IATA Intercarrier Agreement and its implementing Agreement, and the ICAO new draft instrument. Finally, for the integrity of the air carrier's liability, this thesis also briefly criticizes the shortcomings of baggage liability under the present Warsaw System and offers a better solution for baggage liability in the future. / In the last chapter, the author introduces the related legal regime of the Republic of China, compares it with the Warsaw System and attempts to develop a method to link the Republic of China with the rest of world in the field of private air law.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.27459 |
| Date | January 1997 |
| Creators | Lu, Angela Cheng-Jui. |
| Contributors | Milde, Michael (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001565225, proquestno: MQ29834, Theses scanned by UMI/ProQuest. |
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