曝光台 注意防骗
网曝天猫店富美金盛家居专营店坑蒙拐骗欺诈消费者
241The Corporate Manslaughter and Corporate Homicide Act of 2007, Section 1. 242The Corporate Manslaughter and Corporate Homicide Act of 2007, Section 1.5. 243The Corporate Manslaughter and Corporate Homicide Act of 2007, Section 2.1(a)–(c).
the pilot at all times. Most importantly, pilots have usually the predilection to complete their given schedule no matter what, such as competing a .ight as planned, meeting schedules, impressing their employees and pleasing the people they carry. Therefore negligent issues concerning the professionalconductof a pilot form quintessential elements for a highly esoteric legal debate.
Another innovation of the Unlawful Interference Compensation Convention is that it allows for damages to be paid for death, bodily injury and mental injury and goes on to say that damages due to mental injury shall be compensable only if caused by a “recognizable psychiatric illness” resulting either from bodily injury or from direct exposure to the likelihood of imminent death or bodily injury.244 The term “recognizable psychiatric illness” has not been de.ned in the Convention, which has seemingly left the matter to judicial interpretation if litigation were to arise where this provision is invoked. Although there is a distinct cursus curiae admitting of compensation for mental injury which is caused as a direct result of bodily injury,245 this is .rst instance of legislative provision in private air law that allows for compensation for mental injury caused from direct exposure to the likelihood of imminent death orbodily injury.
2. Speci.c Features of the Convention
The Convention applies to damage to third parties which occurs in the territory of a State Partycaused by an aircraft in .ight on an international .ight, as a result of an act of unlawful interference.246 This provision makes sure that damage in any State Party will be compensated, whether or not the operator is from a State Party. In certain instances the Convention has retained the .exibility to applyto such damage that occurs in a State non-Party: where an operator from a State Party causes damage in a State non-Party. In such an instance, the an aggrieved party has recourse, pursuant to Article 8 of the Convention, to an organization called the International Civil Aviation Compensation Fund (“the International Fund”), which is primarily established to pay compensation to persons suffering damage in the territory of a State Party, of providing .nancial support where an operator from a State Party causes damage in a State non-Party. The Fund, which will have independent legal personality will comprise a Conference of Parties (COP) which will be composed of a Secretariat headed by a Director. It will be the COP that will provide .nancial support to the operator.247
244Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 3.3.
245See Mankiewicz(1979, pp. 187–211). See also generally, Abeyratne(1999, pp. 193–205). Also
Abeyratne(2000, pp. 225–261).
246Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 2,
paragraph 1.
247Unlawful Interference Compensation Convention, DCCD Doc No. 43, 1/5/09, Article 28.
A. The Two Liability Conventions 103
Although the above discussion implies an international element, the Convention extends further, in that it provides for the possibility for application in essentially domestic situations.248 Therefore, the Convention may also apply to such damage that occurs in the territory of that Partywhich is caused by an aircraft in .ight other than on an international .ight, as a result of an act of unlawful interference. This would however be at the option of the State Party concerned.
As stated above, the liability of the operator to compensate is based solely on strict liability, and the need for the plaintiff to prove negligence ofthe operator does not arise. The operator is liable to compensate for damage upon condition only that the damage was caused by an aircraft in .ight.249 Again, as was stated earlier, damages due to death, bodily injury and mental injury are compensable, as is damage to property; environmental damage is also compensable, if such compen-sation is provided for under the law of the State where the damage occurred.
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