The Applicable Law of International Aviation Product Liability

Pursuing product liability to aircraft manufactures is becoming a new tread for passengers or their families claiming litigation after many plane crash accidents. Its root for victims is to obtain adequate damages. By the causes of aeronautical product defectives, the manufacturer victims were filed to avoid the provisions of international conventions or national law related to the carriers' limit of liability and disclaimers. As the provisions of national legislations on product liability are different, especially on amount of compensation, principles of liability and punitive damages system, it is vitally important which countries' law applies to the case as the applicable law to protect victims. In determining the applicable law, the law of tort principles should be broken through. In keeping with the principles of the protection of the rights and obligations of the parties, we should use flexible and optional regulatory to achieve the consistency and fairness of the verdict of the substantive rights and obligations of the parties.