Taiwan’s regulations concerning air carriers’ liability for damages, as laid down in the Civil Aviation Act (民用航空法), are seriously out of line with the two major international aviation conventions — the 1929 Warsaw Convention, with its associated protocols and amendments, and the 1999 Montreal Convention. This disharmony is a serious impediment to improving the nation’s air-transport safety.
The act does not outline standards for air passenger carriers’ liability for damages or destruction or loss of passengers’ carry-on and consigned baggage, nor does it include regulations about cargo carriers’ liability. Instead, one must turn to the regulations of the Civil Code concerning passenger and freight transport.
The Regulations of Compensation For Damage Caused to Air Passengers and Freight (航空客貨損害賠償辦法), which were drawn up in accordance with the Civil Aviation Act, are based on the principle of full compensation for actual damages in relation to the extent of carriers’ liability for injury and death. The regulations set the minimum compensation for the death of each passenger at NT$3 million (US$99,967) and the minimum compensation for severe injury at NT$1.5 million. However, if damage does not cause death or severe injury, limited compensation applies and the maximum compensation payable is set at NT$1.5 million.
This sum is much lower than the maximum of 100,000 special drawing rights (about US$153,500) that is specified in the regulations of the two global conventions.
More importantly, under the two conventions, when a carrier’s negligence leads to the death or injury of one or more passengers, the carrier cannot claim for limited liability, while under the Civil Aviation Act, a carrier only loses the right to claim limited liability if its culpability reaches the level of gross negligence.
Passenger transport is different from cargo transport in that it involves human lives. The legal system must therefore set a high standard for passenger transport, and this is a common standpoint of all international aviation conventions.
Hopefully, the Ministry of Transport will consider bringing Taiwan’s aviation laws in line with international norms. As well as bringing about improvements in aviation safety
This would also be in line with key economic development policies.
Jao Juei-cheng is an associate professor at National Taiwan Ocean University’s Institute of the Law of the Sea and is secretary-general of the Taiwan Maritime Law Association.
Translated by Julian Clegg
It is almost three years since Chinese President Xi Jinping (習近平) and Russian President Vladimir Putin declared a friendship with “no limits” — weeks before Russia’s invasion of Ukraine in February 2022. Since then, they have retreated from such rhetorical enthusiasm. The “no limits” language was quickly dumped, probably at Beijing’s behest. When Putin visited China in May last year, he said that he and his counterpart were “as close as brothers.” Xi more coolly called the Russian president “a good friend and a good neighbor.” China has conspicuously not reciprocated Putin’s description of it as an ally. Yet the partnership
The ancient Chinese military strategist Sun Tzu (孫子) said “know yourself and know your enemy and you will win a hundred battles.” Applied in our times, Taiwanese should know themselves and know the Chinese Communist Party (CCP) so that Taiwan will win a hundred battles and hopefully, deter the CCP. Taiwanese receive information daily about the People’s Liberation Army’s (PLA) threat from the Ministry of National Defense and news sources. One area that needs better understanding is which forces would the People’s Republic of China (PRC) use to impose martial law and what would be the consequences for living under PRC
Chinese Nationalist Party (KMT) Chairman Eric Chu (朱立倫) said that he expects this year to be a year of “peace.” However, this is ironic given the actions of some KMT legislators and politicians. To push forward several amendments, they went against the principles of legislation such as substantive deliberation, and even tried to remove obstacles with violence during the third readings of the bills. Chu says that the KMT represents the public interest, accusing President William Lai (賴清德) and the Democratic Progressive Party of fighting against the opposition. After pushing through the amendments, the KMT caucus demanded that Legislative Speaker
Beijing’s approval of a controversial mega-dam in the lower reaches of the Yarlung Tsangpo River — which flows from Tibet — has ignited widespread debate over its strategic and environmental implications. The project exacerbates the complexities of India-China relations, and underscores Beijing’s push for hydropower dominance and potential weaponization of water against India. India and China are caught in a protracted territorial dispute along the Line of Actual Control. The approval of a dam on a transboundary river adds another layer to an already strained bilateral relationship, making dialogue and trust-building even more challenging, especially given that the two Asian
RSS