Self-Criticism and Reflection on the Mandatory Liability Insurance of Air Carrier—Commemorating the Tenth Anniversary of the Implementation of “Montreal Convention”

Mandatory liability insurance system of air carrier is an advanced and prospective measure in the new era of legislation of international carriage by air and has some positive effects for protecting victims'interests in aviation accidents. However, there are some unclear and perplexing points in its interpretation and application, such as scope of liability insurance, subjects of main insurer and amount of insurance, which constitute certain barriers for actual practices since its implementation for ten years from 2003. It has the characteristics of the"soft law". As an empty legal framework, it is prone to give rise to"non-uniform"irregularities in a"uniform"convention. This year marks the tenth anniversary of the implementation of "Montreal Convention", it is necessary for us to carry out self-examinations of its existing problems, in order to achieve the convention's uniform value and fulfill the treaty's obligations. Meanwhile, China's Civil Aviation Law should better supplement the articles on liability insurance and clarify the scope of insurance, minimum standard of insurance and sanction measures in the violation of insurance requirements.