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A Study on the Timing and Method of the Final Price of Air Ticket in Computerised Booking System (인터넷 항공권 예약시스템에서의 '최종가격' 표시시기와 방법 - 2015년 1월 15일 EU사법재판소 C-573/13 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.327-353
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    • 2017
  • The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

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Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

Effect of Pasture Mixtures on Forage Yields and Botanical Composition in Jeju at Altitude of 200 m (제주지역 표고 200 m에서 혼합조합별 초지 생산성 및 식생구성)

  • Chae, Hyun Seok;Kim, Nam Young;Woo, Jae Hoon;Park, Seol Hwa;Son, Jun Kyu;Back, Kwang Soo;Lee, Wang Shik;Kim, Si Hyun;Hwang, Kyung Jun;Kim, Young Jin;Park, Nam Gun
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.36 no.4
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    • pp.325-332
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    • 2016
  • The objective of this study was to determine the growth characteristics of cool ($C_1$) and warm season grasses ($C_2$) in pastures mixed with $C_1$ and $C_2$ suitable for grazing horses and effect of pastures mixed with tall and short grasses on the intake characteristics of horses. $C_1$ used in this study was Kentucky bluegrass, Redtop (short type grass) and tall type grasses were orchardgrass and tall fescue, respectively. The short type grass used as $C_2$ was Bermudagrass. This study had the following four treatment groups: 1) Treatment 1 (Bermudagrass + Kentucky bluegrass + Redtop) 2) Treatment 2 (Bermudagrass + tall fescue + orchardgrass) 3) Treatment 3 (Kentucky bluegrass + Redtop) 4) Treatment 4 (tall fescue + orchardgrass). There was no winterkilling or lodging problem at an altitude of 200 m. Plant heights in mixed pasture of Treatment 1, 2, 3, and 4 were 53.9, 58.2, 57.5, and 78.1 cm, respectively. Plant height was the highest in Treatment 4. Dry matter yield was in the following order : Treatment 4 > Treatment 3 > Treatment 2 > Treatment 1. In the first investigation regarding vegetation distribution, Bermudagrass ratios among grasses in Treatment 1 and Treatment 2 were 70% and 66.7%, respectively. Overall, other grasses showed poor growth. In the second investigation of vegetation distribution, Bermudagrass ratios among grasses in Treatment 1 and Treatment 2 were 80% and 60.7%, respectively. Crude protein content, neutral detergent fiber content, acid detergent fiber content, digestibility value, and nutritive values were the lowest in Treatment 4, followed by those in Treatment 1, Treatment 2 and Treatment 3.

Comparison of Productivity and Feed Value at Different Harvest Stages and Seeding Methods of Bermudagrass and Bahiagrass Cultivars (Bermudagrass와 Bahiagrass의 품종별 수확시기 및 파종방법에 따른 생산성 및 사료가치 비교)

  • Lee, Wang Shik;Im, Suk Ju;Kim, Bum Jun;Kim, Young Jin;Kim, Dong Hoon;Hwang, Kyung Jun;Kim, Si Hyun;Woo, Jae Hoon;Park, Nam Geon
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.38 no.4
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    • pp.310-319
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    • 2018
  • The southern type grasses announced for the test were the Bermudagrass cultivars (Giant, Cheyenne, Mohawk, Panchero Frio, Common and Tifton 85) and the Bahiagrass cultivars (TifQuik, Tifton 9), and the changes in the productivity and nutrient content were surveyed in Jeju area (450m altitude). The different cultivars were sowed by broadcasting or drill seeding method, and Tifton 85 was transplanted from sprigs. The fresh and dry matter yield showed varying significant differences for different cultivars (p<0.05). The fresh yields of Tifton 85, TifQuik and Tifton 9 were excellent, compared to the other cultivars, and for the dry matter yield, Tifton 85 and Tifton 9 were excellent when compared to the other cultivars. Crude protein content showed significant differences among different cultivars (p<0.05). Cheyenne, Mohawk, Panchero Frio, and Common showed differences in the crude protein content by sowing method and harvest time (p<0.05). The different cultivars showed differences in the crude fiber content (p<0.05), and Tifton 9 registered significantly high content and Mohawk and Tifton 85 showed significant crude fiber content by harvest time (p<0.05). According to these results, the southern type grass cultivars showed big differences in the regenerative capacity against damage from frost, productivity, and nutrient content, so they need to be chosen according to the purposes, and to increase their usage, their evaluation needs to be conducted at various altitudes.

A Study on the Improvement of Pasture Productivity in a horse grazing low productive pasture (말방목 부실초지의 목초생산성 향상 연구)

  • Kim, Young Jin;Song, Sang Taek;Hwang, Kyung Jun;Kim, Si Hyun;Park, Nam Gun
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.38 no.4
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    • pp.266-272
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    • 2018
  • In this study, we created grassland establishment(paddock No.39), grassland improvement(Paddock No.44), and tall fescue seeding(paddock No.64), and the rate botanical composition, DM yield, nutritive value were examined through 2016 to 2017. The rate of botanical composition was 81% in 2016, 75% in 2017, up to 21% higher than No.39 67%, 60%, No.44 58% and 54%. The annual average DM yield was the highest at 13,234kg/ha in the district, followed by No.39, No.44, followed by 10,636kg/ha and 10,235kg/ha, respectively. The crude protein content was the highest at No.39 12.16%, with No.44 and No.64 showing 10.7%, respectively. NDF content (average for two years) was 55.90% in No.44 and No.39, slightly lower than 58.42% and 57.00%, respectively. The two-year ADF average content was 31.07% for the same trend as the NDF capacity in the No.44, below 31.71% and 32.65%, respectively. To sum up the results, Although there was a high level of incentive sowing plot(No.39) in nutritive value, considering the botanical composition and productivity of the pasture, it is also deemed desirable to have a tall fescue plot(No.64).

Implementation of integrated monitoring system for trace and path prediction of infectious disease (전염병의 경로 추적 및 예측을 위한 통합 정보 시스템 구현)

  • Kim, Eungyeong;Lee, Seok;Byun, Young Tae;Lee, Hyuk-Jae;Lee, Taikjin
    • Journal of Internet Computing and Services
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    • v.14 no.5
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    • pp.69-76
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    • 2013
  • The incidence of globally infectious and pathogenic diseases such as H1N1 (swine flu) and Avian Influenza (AI) has recently increased. An infectious disease is a pathogen-caused disease, which can be passed from the infected person to the susceptible host. Pathogens of infectious diseases, which are bacillus, spirochaeta, rickettsia, virus, fungus, and parasite, etc., cause various symptoms such as respiratory disease, gastrointestinal disease, liver disease, and acute febrile illness. They can be spread through various means such as food, water, insect, breathing and contact with other persons. Recently, most countries around the world use a mathematical model to predict and prepare for the spread of infectious diseases. In a modern society, however, infectious diseases are spread in a fast and complicated manner because of rapid development of transportation (both ground and underground). Therefore, we do not have enough time to predict the fast spreading and complicated infectious diseases. Therefore, new system, which can prevent the spread of infectious diseases by predicting its pathway, needs to be developed. In this study, to solve this kind of problem, an integrated monitoring system, which can track and predict the pathway of infectious diseases for its realtime monitoring and control, is developed. This system is implemented based on the conventional mathematical model called by 'Susceptible-Infectious-Recovered (SIR) Model.' The proposed model has characteristics that both inter- and intra-city modes of transportation to express interpersonal contact (i.e., migration flow) are considered. They include the means of transportation such as bus, train, car and airplane. Also, modified real data according to the geographical characteristics of Korea are employed to reflect realistic circumstances of possible disease spreading in Korea. We can predict where and when vaccination needs to be performed by parameters control in this model. The simulation includes several assumptions and scenarios. Using the data of Statistics Korea, five major cities, which are assumed to have the most population migration have been chosen; Seoul, Incheon (Incheon International Airport), Gangneung, Pyeongchang and Wonju. It was assumed that the cities were connected in one network, and infectious disease was spread through denoted transportation methods only. In terms of traffic volume, daily traffic volume was obtained from Korean Statistical Information Service (KOSIS). In addition, the population of each city was acquired from Statistics Korea. Moreover, data on H1N1 (swine flu) were provided by Korea Centers for Disease Control and Prevention, and air transport statistics were obtained from Aeronautical Information Portal System. As mentioned above, daily traffic volume, population statistics, H1N1 (swine flu) and air transport statistics data have been adjusted in consideration of the current conditions in Korea and several realistic assumptions and scenarios. Three scenarios (occurrence of H1N1 in Incheon International Airport, not-vaccinated in all cities and vaccinated in Seoul and Pyeongchang respectively) were simulated, and the number of days taken for the number of the infected to reach its peak and proportion of Infectious (I) were compared. According to the simulation, the number of days was the fastest in Seoul with 37 days and the slowest in Pyeongchang with 43 days when vaccination was not considered. In terms of the proportion of I, Seoul was the highest while Pyeongchang was the lowest. When they were vaccinated in Seoul, the number of days taken for the number of the infected to reach at its peak was the fastest in Seoul with 37 days and the slowest in Pyeongchang with 43 days. In terms of the proportion of I, Gangneung was the highest while Pyeongchang was the lowest. When they were vaccinated in Pyeongchang, the number of days was the fastest in Seoul with 37 days and the slowest in Pyeongchang with 43 days. In terms of the proportion of I, Gangneung was the highest while Pyeongchang was the lowest. Based on the results above, it has been confirmed that H1N1, upon the first occurrence, is proportionally spread by the traffic volume in each city. Because the infection pathway is different by the traffic volume in each city, therefore, it is possible to come up with a preventive measurement against infectious disease by tracking and predicting its pathway through the analysis of traffic volume.

Effect of Seed Mixture on Forage Yields and Botanical Composition at an Altitude of 400 m in Jeju island (표고 400m 제주 중산간 지역에서 혼합조합별 초지 생산성 및 식생구성)

  • Chae, Hyun Seok;Kim, Nam Young;Woo, Jae Hoon;Shin, Moon Cheol;Son, Jun Kyu;Seong, Pil Nam;Lee, Wang Shik;Kim, Si Hyun;Hwang, Kyung Jun;Kim, Young Jin;Park, Nam Gun
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.37 no.1
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    • pp.19-27
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    • 2017
  • The objective of this study was to determine the growth characteristics of cool (C1) and warm season grasses (C2) in pastures mixed with C1 and C2 at an altitude of 400 m in Jeju island to establishing pasture suitable for grazing horses and to evaluate the effect of pastures mixed with tall and short type grasses on the intake characteristics of horses. C1 used in this study was Kentucky bluegrass, redtop (short type grass) and tall type grasses were orchardgrass and tall fescue, respectively. Treatments of this study were consisted of four groups and the short type grass used in pastures mixed with C1 and C2 was mainly bermudagrass. Four treatment groups were follow as; Treatment 1 (bermudagrass + Kentucky bluegrass + redtop) 2) Treatment 2 (bermudagrass + tall fescue + orchardgrass) 3) Treatment 3 (Kentucky bluegrass + redtop) 4) Treatment 4 (tall fescue + orchardgrass). Bermudagrass was a little winter killing and inhibition of plant growth at an altitude of 400 m. Plant heights in pastures mixed with C1 and C2 were grown better than that in pastures mixed with C1. Especially, plant height in Treatment 4 was higher than other treatments. Dry matter yield was in the following order: Treatment 4> Treatment 3> Treatment 2> Treatment 1. Dry matter yield in pastures mixed with C1 increased as compared with pastures mixed with C1 and C2. Dry matter yield in Treatment 3 was higher than other treatments. In the first investigation regarding vegetation distribution, bermudagrass ratios among grasses in Treatment 1 and Treatment 2 were 11.7 and 13.3%, respectively. The growth of bermudagrass in winter was low due to the cold damage. However the growth of Kentucky bluegrass, redtop, tall fescue and orchardgrass was good. In the second investigation, bermudagrass ratios among grasses in Treatment 1 and Treatment 2 were 5.0 and 11.7%, respectively. Growth of forage in the second investigation was poor as compared to the first investigation. nutritive values(crude protein content, neutral detergent fiber content, acid detergent fiber content, digestibility) were good in pastures mixed with C1 Especially, nutritive values in pastures mixed with tall was higher than those of pastures mixed short grasses. P content among minerals in Treatment 1 was higher than other groups. However, the content of Ca, Mg and Mn were lower. The contents of Ca, K, Mg, Na, Cu, Zn and Fe in Treatment 2 were higher. However, the contents of K, Mg, Na, Cu, Zn and Fe in Treatment 3 were lower. Therefore, we suggest that cool season grasses with short grasses were sowed to establishing pasture suitable for grazing horses at an altitude of 400 m in Jeju island.

A Legal Study on liability for damages cause of the air carrier : With an emphasis upon liability of passenger (항공운송인의 손해배상책임 원인에 관한 법적 고찰 - 여객 손해배상책임을 중심으로 -)

  • So, Jae-Seon;Lee, Chang-Kyu
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.3-35
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    • 2013
  • Air transport today is a means of transport that is optimized for exchanges between nations. Around the world, has experienced an increase in operating and the number of airline route expansion that has entered into the international aviation agreements in order to take advantage of the air transport efficient, but the possibility of the occurrence of air transport accidents increased. When compared to the accident of other means of transport, development of air transport accidents, not high, but it leads to catastrophe aviation accident occurs. Air Transport accident many international transportation accident than domestic transportation accident, in the event of an accident, the analysis of the legal responsibility of the shipper or the like is necessary or passenger air carrier. Judgment of the legal order of discipline of air transport accident is a classification of the type of air transport agreement. Depending on the object, air transport agreements are classified into the contract of carriage of aviation of the air passenger transportation contract. For casualties occurs, air passenger transportation accident is a need more discussion of legal discipline for this particular. Korean Commercial Code, it is possible to reflect in accordance with the actual situation of South Korea the contents of the treaty, which is utilized worldwide in international air transport, even on the system, to control land, sea, air transport and welcoming to international standards. However, Korean Commercial Code, the problem of the Montreal Convention has occurred as it is primarily reflecting the Montreal Convention. As a cause of liability for damages, under the Commercial Code of Korea and the contents of the treaty precedent is reflected, the concept of accident is necessary definition of the exact concept for damages of passengers in particular. Cause of personal injury or death of passengers, in the event of an accident to the "working for the elevation" or "aircraft" on, the Montreal Convention is the mother method of Korea Commercial Code, liability for damages of air carrier defines. The Montreal Convention such, continue to be a matter of debate so far in connection with the scope of "working for the lifting of" the concepts defined in the same way from Warsaw Convention "accident". In addition, it is discussed and put to see if you can be included mental damage passenger suffered in air transport in the "personal injury" in the damage of the passenger is in the range of damages. If the operation of aircraft, injury accident, in certain circumstances, compensation for mental damage is possible, in the same way as serious injury, mental damage caused by aviation accidents not be able to live a normal life for the victim it is damage to make. So it is necessary to interpret and what is included in the injury to the body in Korea Commercial Code and related conventions, non-economic damage of passengers, clearly demonstrated from the point of view of prevention of abuse of litigation and reasonable protection of air carrier it must compensate only psychological damage that can be. Since the compensation of delay damages, Warsaw Convention, the Montreal Convention, Korea Commercial Code, there are provisions of the liability of the air carrier due to the delayed arrival of passenger and baggage, but you do not have a reference to delayed arrival, the concept of delay arrangement is necessary. The strict interpretation of the concept of delayed arrival, because it may interfere with safe operation of the air carrier, within the time agreed to the airport of arrival that is described in the aviation contract of carriage of passenger baggage, or, these agreements I think the absence is to be defined as when it is possible to consider this situation, requests the carrier in good faith is not Indian or arrive within a reasonable time is correct. The loss of passenger, according to the international passenger Conditions of Carriage of Korean Air, in addition to the cases prescribed by law and other treaties, loss of airline contracts, resulting in passengers from a service that Korean Air and air transport in question do damage was is, that the fact that Korean Air does not bear the responsibility as a general rule, that was caused by the negligence or intentional negligence of Korean Air is proof, negligence of passengers of the damage has not been interposed bear responsibility only when it is found. It is a clause in the case of damage that is not mandated by law or treaty, and responsible only if the negligence of the airline side has been demonstrated, but of the term negligence "for" intentional or negligent "Korean Air's Terms" I considered judgment of compatibility is required, and that gross negligence is appropriate. The "Korean Air international passenger Conditions of Carriage", airlines about the damage such as electronic equipment that is included in the checked baggage of passengers does not bear the responsibility, but the loss of baggage, international to arrive or depart the U.S. it is not the case of transportation. Therefore, it is intended to discriminate unfairly passengers of international flights arriving or departure to another country passengers of international flights arriving or departure, the United States, airlines will bear the responsibility for the goods in the same way as the contents of the treaty it should be revised in the direction.

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