A Comparative Study on Private Interregional Air Law between the Strait

The Cross-Strait Air Transport is an important way for economy and culture exchanging between the strait. However, the conflict of air laws leads to uncertainty and negative influence upon the interests of the parties concerned. The parties cannot predict which law may be applied to the disputes and do not know if the allocation of their rights and obligations is valid or not. The applicable rules on contract of air carriage, the rights and interests in aircraft, passenger's capacity for right and capacity for act, and tort are different in many ways. For instance, the applicable laws to air disputes vary from connection factors, the choice approach and the value consideration thereof. The nature of the said conflict is interregional conflict of air laws, which has discrepancies with private international law. Therefore, a private Interregional air law shall be made so as to solve the conflict of air laws between the strait.