JEAIL > Volume 12(2); 2019 > Article
Research Paper
Published online: November 30, 2019
DOI: http://dx.doi.org/10.14330/jeail.2019.12.2.03

Conflict of Laws in Cross-Strait Air Transport: Issues and Solutions

Chaohan Zhang & Luping Zhang
Post Box 89, No.300 South Chang’an Road, Yan Ta District, Xi’an, Shaanxi, China.
Corresponding Author: luping.zhang@kcl.ac.uk

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Since the political and legal systems are different between mainland China and Taiwan, conflict of laws issues arose in both public and private air transport laws after the launch of direct routes. Three models can be used as solutions to these issues: uniform substantive law, conflict of laws, and agreements by private institutions. The uniform substantive law model is ideal but not feasible; the conflict of laws model is possible but not realistic. The agreements by private institutions model respects private autonomy, which seems to be a supplementary yet feasible option with fragmented and conservative characteristics. Based on the characteristics of each model, the ideal way to solve this issue is to prioritise the model of agreements by carriers at this early stage and, finally, to consider uniform conflict of laws rules or substantive law when the opportunity is mature or the ultimate reunification is realised.

Keywords : Cross-Strait Direct Flights, Conflict of Laws, Uniform Substantive Law, Interregional Conflict of Laws, Agreement Model

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