A Study On The Application Of The Fifth Jurisdiction Of Montreal Convention

In the case of compensation for damages of international air passenger transport,the first problem to be solved is jurisdiction.Transnational litigation not only takes a long time,but also costs a lot for the claimant.In addition,the carrier’s dominant position in the litigation makes the claim more difficult.Although the proposal of "the fifth jurisdiction" is controversial,it must be reasonable for it to be passed eventually.The important reason is the protection of the interests of the claimant of the weak party.For today’s international air transport,"the fifth jurisdiction" has a great influence.As one of the contracting parties of the Montreal Convention,China should have a deeper understanding of its content.In practice,there are many cases related to the interests of passengers in China,so it is particularly important to understand and apply the provisions of the Convention concluded by China.Starting from the legislative evolution of "the fifth jurisdiction",this paper analyzes the applicable conditions of "the fifth jurisdiction",and summarizes the experience of the application of "the fifth jurisdiction" in the United States and Europe through the study of cases,so as to provide reference for the application of "the fifth jurisdiction" and give suggestions for the improvement of "the fifth jurisdiction" in China."The fifth jurisdiction" is an important progress in the field of human rights law.To strengthen the accurate use of "the fifth jurisdiction" means that the connection between China’s law and international conventions is smoother,and the vital interests of passengers can be more comprehensively protected.Therefore,it is necessary to conduct a more indepth study on the application of "the fifth jurisdiction" in order to protect the legitimate interests of Chinese air passengers from infringement.