(8)--2009 General Risk Convention（中文）航空法概论.pdf

《(8)--2009 General Risk Convention（中文）航空法概论.pdf》由会员分享，可在线阅读，更多相关《(8)--2009 General Risk Convention（中文）航空法概论.pdf（88页珍藏版）》请在淘文阁 - 分享文档赚钱的网站上搜索。

1、Doc 9919 CONVENTION on Compensation for Damage Caused by Aircraft to Third Parties Signed at Montral on 2 May 2009 _ CONVENTION relative la rparation des dommages causs aux tiers par des aronefs Signe Montral le 2 mai 2009 _ ,2 2009 _ 关于航空器对第三方造成损害的赔偿的公约 2009年 5月 2日签订于蒙特利尔 _ /2009 INTERNATIONAL CIVI

2、L AVIATION ORGANIZATION ORGANISATION DE LAVIATION CIVILE INTERNATIONALE ORGANIZACIN DE AVIACIN CIVIL INTERNACIONAL 国 际 民 用 航 空 组 织 CONVENIO sobre indemnizacin por daos causados a terceros por aeronaves Firmado en Montreal el 2 de mayo de 2009 _ Certified to be a true and complete copy Copie certifie

3、 conforme Es copia fiel y autntica 经认证的真实和完整的副本 Director,Legal Affairs and External Relations Bureau Directeur des affaires juridiques et des relations extrieures Director de Asuntos jurdicos y Relaciones exteriores 法律事务和对外关系局局长 ICAO OACI 国际民航组织 CONVENTION on Compensation for Damage Caused by Aircra

4、ft to Third Parties Signed at Montral on 2 May 2009 Published by ICAO under the authority of the Secretary General of the INTERNATIONAL CIVIL AVIATION ORGANIZATION 999 University Street,Montral,Quebec,Canada H3C 5H7 For ordering information and for a complete listing of sales agents and booksellers,

5、please go to the ICAO website at www.icao.int Doc 9919,Convention on Compensation for Damage Caused by Aircraft to Third Parties Order Number:9919 ISBN 978-92-9231-366-1 ICAO 2009 All rights reserved.No part of this publication may be reproduced,stored in a retrieval system or transmitted in any for

6、m or by any means,without prior permission in writing from the International Civil Aviation Organization.CONVENTION ON COMPENSATION FOR DAMAGE CAUSED BY AIRCRAFT TO THIRD PARTIES THE STATES PARTIES TO THIS CONVENTION,RECOGNIZING the need to ensure adequate compensation for third parties who suffer d

7、amage resulting from events involving an aircraft in flight;RECOGNIZING the need to modernize the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface,Signed at Rome on 7 October 1952,and the Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Pa

8、rties on the Surface,Signed at Rome on 7 October 1952,Signed at Montral on 23 September 1978;RECOGNIZING the importance of ensuring protection of the interests of third-party victims and the need for equitable compensation,as well as the need to enable the continued stability of the aviation industr

9、y;REAFFIRMING the desirability of the orderly development of international air transport operations and the smooth flow of passengers,baggage and cargo in accordance with the principles and objectives of the Convention on International Civil Aviation,done at Chicago on 7 December 1944;and CONVINCED

10、that collective State action for further harmonization and codification of certain rules governing the compensation of third parties who suffer damage resulting from events involving aircraft in flight through a new Convention is the most desirable and effective means of achieving an equitable balan

11、ce of interests;HAVE AGREED AS FOLLOWS:Chapter I Principles Article 1 Definitions For the purposes of this Convention:(a)an“act of unlawful interference”means an act which is defined as an offence in the Convention for the Suppression of Unlawful Seizure of Aircraft,Signed at The Hague on 16 Decembe

12、r 1970,or the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation,Signed at Montreal on 23 September 1971,and any amendment in force at the time of the event;(b)an“event”occurs when damage is caused by an aircraft in flight other than as a result of an act of unlawfu

13、l interference;(c)an aircraft is considered to be“in flight”at any time from the moment when all its external doors are closed following embarkation or loading until the moment when any such door is opened for disembarkation or unloading;(d)“international flight”means any flight whose place of depar

14、ture and whose intended destination are situated within the territories of two States,whether or not there is a break in the flight,or within the territory of one State if there is an intended stopping place in the territory of another State;(e)“maximum mass”means the maximum certificated take-off m

15、ass of the aircraft,excluding the effect of lifting gas when used;(f)“operator”means the person who makes use of the aircraft,provided that if control of the navigation of the aircraft is retained by the person from whom the right to make use of the aircraft is derived,whether directly or indirectly

16、,that person shall be considered the operator.A person shall be considered to be making use of an aircraft when he or she is using it personally or when his or her servants or agents are using the aircraft in the course of their employment,whether or not within the scope of their authority;(g)“perso

17、n”means any natural or legal person,including a State;(h)“State Party”means a State for which this Convention is in force;and (i)“third party”means a person other than the operator,passenger or consignor or consignee of cargo.Article 2 Scope 1.This Convention applies to damage to third parties which

18、 occurs in the territory of a State Party caused by an aircraft in flight on an international flight,other than as a result of an act of unlawful interference.2.If a State Party so declares to the Depositary,this Convention shall also apply where an aircraft in flight other than on an international

19、flight causes damage in the territory of that State,other than as a result of an act of unlawful interference.3.For the purposes of this Convention:(a)damage to a ship in or an aircraft above the High Seas or the Exclusive Economic Zone shall be regarded as damage occurring in the territory of the S

20、tate in which it is registered;however,if the operator of the aircraft has its principal place of business in the territory of a State other than the State of Registry,the damage to the aircraft shall be regarded as having occurred in the territory of the State in which it has its principal place of

21、 business;and (b)damage to a drilling platform or other installation permanently fixed to the soil in the Exclusive Economic Zone or the Continental Shelf shall be regarded as having occurred in the territory of the State which has jurisdiction over such platform or installation in accordance with i

22、nternational law including the United Nations Convention on the Law of the Sea,done at Montego Bay on 10 December 1982.4.This Convention shall not apply to damage caused by State aircraft.Aircraft used in military,customs and police services shall be deemed to be State aircraft.Chapter II Liability

23、of the operator and related issues Article 3 Liability of the operator 1.The operator shall be liable for damage sustained by third parties upon condition only that the damage was caused by an aircraft in flight.2.There shall be no right to compensation under this Convention if the damage is not a d

24、irect consequence of the event giving rise thereto,or if the damage results from the mere fact of passage of the aircraft through the airspace in conformity with existing air traffic regulations.3.Damages due to death,bodily injury and mental injury shall be compensable.Damages due to mental injury

25、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.4.Damage to property shall be compensable.5.Environmental damage shall be compensable,in so far as such compensat

26、ion is provided for under the law of the State Party in the territory of which the damage occurred.6.No liability shall arise under this Convention for damage caused by a nuclear incident as defined in the Paris Convention on Third Party Liability in the Field of Nuclear Energy(29 July 1960)or for n

27、uclear damage as defined in the Vienna Convention on Civil Liability for Nuclear Damage(21 May 1963),and any amendment or supplements to these Conventions in force at the time of the event.7.Punitive,exemplary or any other non-compensatory damages shall not be recoverable.8.An operator who would oth

28、erwise be liable under the provisions of this Convention shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance.Article 4 Limit of the operators liability 1.The liability of the operator arising under Article 3 shall not exceed for an event the following l

29、imit based on the mass of the aircraft involved:(a)750 000 Special Drawing Rights for aircraft having a maximum mass of 500 kilogrammes or less;(b)1 500 000 Special Drawing Rights for aircraft having a maximum mass of more than 500 kilogrammes but not exceeding 1 000 kilogrammes;(c)3 000 000 Special

30、 Drawing Rights for aircraft having a maximum mass of more than 1 000 kilogrammes but not exceeding 2 700 kilogrammes;(d)7 000 000 Special Drawing Rights for aircraft having a maximum mass of more than 2 700 kilogrammes but not exceeding 6 000 kilogrammes;(e)18 000 000 Special Drawing Rights for air

31、craft having a maximum mass of more than 6 000 kilogrammes but not exceeding 12 000 kilogrammes;(f)80 000 000 Special Drawing Rights for aircraft having a maximum mass of more than 12 000 kilogrammes but not exceeding 25 000 kilogrammes;(g)150 000 000 Special Drawing Rights for aircraft having a max

32、imum mass of more than 25 000 kilogrammes but not exceeding 50 000 kilogrammes;(h)300 000 000 Special Drawing Rights for aircraft having a maximum mass of more than 50 000 kilogrammes but not exceeding 200 000 kilogrammes;(i)500 000 000 Special Drawing Rights for aircraft having a maximum mass of mo

33、re than 200 000 kilogrammes but not exceeding 500 000 kilogrammes;(j)700 000 000 Special Drawing Rights for aircraft having a maximum mass of more than 500 000 kilogrammes.2.If an event involves two or more aircraft operated by the same operator,the limit of liability in respect of the aircraft with

34、 the highest maximum mass shall apply.3.The limits in this Article shall only apply if the operator proves that the damage:(a)was not due to its negligence or other wrongful act or omission or that of its servants or agents;or (b)was solely due to the negligence or other wrongful act or omission of

35、another person.Article 5 Priority of compensation If the total amount of the damages to be paid exceeds the amounts available according to Article 4,paragraph 1,the total amount shall be awarded preferentially to meet proportionately the claims in respect of death,bodily injury and mental injury,in

36、the first instance.The remainder,if any,of the total amount payable shall be awarded proportionately among the claims in respect of other damage.Article 6 Events involving two or more operators 1.Where two or more aircraft have been involved in an event causing damage to which this Convention applie

37、s,the operators of those aircraft are jointly and severally liable for any damage suffered by a third party.2.If two or more operators are so liable,the recourse between them shall depend on their respective limits of liability and their contribution to the damage.3.No operator shall be liable for a

38、 sum in excess of the limit,if any,applicable to its liability.Article 7 Court costs and other expenses 1.The court may award,in accordance with its own law,the whole or part of the court costs and of the other expenses of the litigation incurred by the claimant,including interest.2.Paragraph 1 shal

39、l not apply if the amount of the damages awarded,excluding court costs and other expenses of the litigation,does not exceed the sum which the operator has offered in writing to the claimant within a period of six months from the date of the event causing the damage,or before the commencement of the

40、action,whichever is the later.Article 8 Advance payments If required by the law of the State where the damage occurred,the operator shall make advance payments without delay to natural persons who may be entitled to claim compensation under this Convention,in order to meet their immediate economic n

41、eeds.Such advance payments shall not constitute a recognition of liability and may be offset against any amount subsequently payable as damages by the operator.Article 9 Insurance 1.Having regard to Article 4,States Parties shall require their operators to maintain adequate insurance or guarantee co

42、vering their liability under this Convention.2.An operator may be required by the State Party in or into which it operates to furnish evidence that it maintains adequate insurance or guarantee.In doing so,the State Party shall apply the same criteria to operators of other States Parties as it applie

43、s to its own operators.Chapter III Exoneration and recourse Article 10 Exoneration If the operator proves that the damage was caused,or contributed to,by the negligence or other wrongful act or omission of a claimant,or the person from whom he or she derives his or her rights,the operator shall be w

44、holly or partly exonerated from its liability to that claimant to the extent that such negligence or wrongful act or omission caused or contributed to the damage.Article 11 Right of recourse Subject to Article 13,nothing in this Convention shall prejudice the question whether a person liable for dam

45、age in accordance with its provisions has a right of recourse against any person.Chapter IV Exercise of remedies and related provisions Article 12 Exclusive remedy 1.Any action for compensation for damage to third parties caused by an aircraft in flight brought against the operator,or its servants o

46、r agents,however founded,whether under this Convention or in tort or otherwise,can only be brought subject to the conditions set out in this Convention without prejudice to the question as to who are the persons who have the right to bring suit and what are their respective rights.2.Article 3,paragr

47、aphs 6,7 and 8,shall apply to any other person from whom the damages specified in those paragraphs would otherwise be recoverable or compensable,whether under this Convention or in tort or otherwise.Article 13 Exclusion of liability Neither the owner,lessor or financier retaining title or holding se

48、curity of an aircraft,not being an operator,nor their servants or agents,shall be liable for damages under this Convention or the law of any State Party relating to third party damage.Article 14 Conversion of Special Drawing Rights The sums mentioned in terms of Special Drawing Right in this Convent

49、ion shall be deemed to refer to the Special Drawing Right as defined by the International Monetary Fund.Conversion of the sums into national currencies shall,in case of judicial proceedings,be made according to the value of such currencies in terms of the Special Drawing Right at the date of the jud

50、gement.The value in a national currency shall be calculated in accordance with the method of valuation applied by the International Monetary Fund for its operations and transactions.The value in a national currency,of a State Party which is not a Member of the International Monetary Fund,shall be ca