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The Elusive Exercise Of Jurisdiction Over Air Transportation Between The United States And South Korea, Dana L. Christensen

Washington International Law Journal

Contrary to the decision reached by the Court of Appeals for the Second Circuit in Chubb & Son, Inc. v. Asiana Airlines, the federal courts should be permitted to exercise subject matter jurisdiction over the international transportation of goods by air between South Korea and the United States. Applying general principles of treaty interpretation under customary international law confirms that treaty relations under the Warsaw Convention exist between the two countries by way of the United States' adherence to that treaty, and South Korea's adherence to the Hague Protocol. Since federal courts have jurisdiction over cases arising under U.S. …