Title Page
ABSTRACT
Contents
Chapter I. Introduction 11
Chapter II. The Jurisdiction over International Carriage by Air under Warsaw Convention and Montreal Convention 16
1. The Overview of Jurisdiction over International Carriage by Air 16
2. The Jurisdiction under Warsaw Convention 18
3. The Jurisdiction under Montreal Convention-The Fifth Jurisdiction 20
Chapter III. The Practical Application of Warsaw Convention Article 28 and Montreal Convention Article 33 23
1. The Domicile of the Carrier 23
1.1. UK 24
1.2. US 25
1.3. Analysis 26
2. The Principal Place of Business 30
2.1. Winsor v. United Air Lines, Inc. 31
2.2. Nudo v. Societe Anonyme Belge D'Exploitation 32
2.3. Analysis 33
3. The place of business through which the contract has been made 37
3.1. What is to be considered a carrier's "place of business"? 37
3.2. When is the contract under consideration formed? 49
4. The Place of Destination 55
4.1. A Round-Trip Ticket 56
4.2. The Effect of Passenger's Undisclosed Intention 58
4.3. Transport That Involves Several Different Legs or Layovers for Extend Periods 63
4.4. Conclusion 67
5. The Fifth Jurisdiction 68
5.1. Damages Resulting from the Death or Injury of a Passenger 71
5.2. Passenger's Principal and Permanent Residence 72
5.3. The Carrier must operate in the Fifth Jurisdiction 80
5.4. Analysis of the impact of the fifth jurisdiction 83
5.5. The impact on China of the fifth jurisdiction 88
Chapter IV. The Doctrine of Forum Non Conveniens under Warsaw Convention and Montreal Convention 91
1. The Origin of Forum Non Conveniens Doctrine 93
2. The Development of Forum Non Conveniens in UK Model and US Model 95
2.1. The UK Model 95
2.2. The US Model 99
2.3. The Comparison Between UK Model and US Model 106
3. The Forum Non Conveniens Doctrine under the Warsaw Convention 109
3.1. UK 110
3.2. US 112
4. The Forum Non Conveniens Doctrine under the Montreal Convention 125
4.1. Case 125
4.2. Battle between French court and US court 128
4.3. Analyses 130
5. The Analysis in China 133
Chapter V. Conclusion 138
REFERENCE 143