Flying In The Face Of Criminalization
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Flying In The Face Of Criminalization
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Author : Sofia Michaelides-Mateou
language : en
Publisher: Routledge
Release Date : 2016-04-15
Flying In The Face Of Criminalization written by Sofia Michaelides-Mateou and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.
Illegal Charters And Aviation Law
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Author : Alena Soloveva
language : en
Publisher: Taylor & Francis
Release Date : 2022-07-28
Illegal Charters And Aviation Law written by Alena Soloveva and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-28 with Transportation categories.
This book concerns the subject of illegal charters. The risks associated with illegal charters are high, and the consequences are dire and different for all the parties involved. Pilots can lose their hard-earned licenses, aircraft owners might not get paid by the insurance companies, businesses might be prosecuted and fined, customers do not get what they paid for. The worst consequence of an illegal charter is that someone gets hurt or killed. The tragic part in reading about a flight accident is the understanding that an illegal charter could have been avoided. The present book aims to fulfil the industry’s call for greater awareness, education, and transparency. It will systematically and thoroughly investigate the application of law in a practical context of illegal charters. It engages in a comprehensive comparative study across various jurisdictions, such as the USA, Europe, Russia, Asia and the Middle East. This text considers whether the elements evidencing state practice in regulation of illegal charters are peculiar to the region and legal system. It examines how illegal charters can be prevented and undertakes the analysis of risks and consequences of illegal charters. This is an important book that is likely to have a significant impact on existing scholarship regarding international and national aviation law and be of interest of all parties involved in aviation. This includes industry professionals, legal practitioners, academics, policy-makers, and government officials.
Corporate Manslaughter In The Maritime And Aviation Industries
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Author : Simon Daniels
language : en
Publisher: CRC Press
Release Date : 2016-08-12
Corporate Manslaughter In The Maritime And Aviation Industries written by Simon Daniels and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-12 with Law categories.
This book provides expert analysis of the application of the evolving law in Corporate Manslaughter as it relates to the Maritime and Aviation industries. It will prove to be a useful tool for practitioners and students in this specialised area, as well as those working in the maritime and aviation industries, such as those who will be accountable under the Corporate Manslaughter Act 2007; the Masters and Pilots who manage the risks; and the insurers who underwrite the cost of the risks. The author will discuss areas such as: The liability towards passengers and employees The Prosecution of offenders Comparative analysis of corporate manslaughter in the wider, global industry
The Rio Paris Crash
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Author : Roger Rapoport
language : en
Publisher: james sparling
Release Date : 2011-12-10
The Rio Paris Crash written by Roger Rapoport and has been published by james sparling this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-10 with Transportation categories.
The investigation behind the investigation. The story of the real causes of the crash of Flight 447.
Achieving Systems Safety
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Author : Chris Dale
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-01-05
Achieving Systems Safety written by Chris Dale and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-05 with Computers categories.
Achieving Systems Safety contains papers presented at the twentieth annual Safety-critical Systems Symposium, held in Bristol, UK, in February 2012. The Symposium is for engineers, managers and academics in the field of system safety, across all industry sectors, so the papers making up this volume offer a wide-ranging coverage of current safety topics, and a blend of academic research and industrial experience. They include both recent developments in the field and discussion of open issues that will shape future progress. The topics covered by the 20 papers in this volume include vulnerabilities in global navigation satellite systems; safety culture and community; transport safety; cyber-attacks on safety-critical systems; improving our approach to systems safety; accidents; assessment, validation and testing; safety standards and safety levels. The book will be of interest to both academics and practitioners working in the safety-critical systems arena.
International Aviation Law
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Author : Ron Bartsch
language : en
Publisher: Routledge
Release Date : 2018-06-27
International Aviation Law written by Ron Bartsch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-27 with Transportation categories.
International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law, from criminal law to contract law, to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for those working in the aviation industry. Thoroughly revised and updated throughout, this second edition adds new material on subjects such as unmanned aircraft systems, ASEAN’s Single Aviation Market, common rules on compensation and assistance to passengers, and a discussion on the impact of Brexit to the UK’s aviation market and legal status.
Aviation Law Cases Laws And Related Sources
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Author : Paul B. Larsen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-06-07
Aviation Law Cases Laws And Related Sources written by Paul B. Larsen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-07 with Law categories.
Written in the context of the post-9/11 legal climate, this text introduces all the major areas of aviation, covering such topics as the international air law regime, crimes involving aircraft, international air carriage, litigation management, and governmental immunity from liability.
Responsibility And Accountability In Maritime Law
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Author : Simon Daniels
language : en
Publisher: Taylor & Francis
Release Date : 2022-04-04
Responsibility And Accountability In Maritime Law written by Simon Daniels and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-04 with Law categories.
The criminalisation of seafarers has been observed as a growing phenomenon for more than forty years, presenting a picture of increasing liability upon the Master even though their responsibilities remain essentially unchanged in generations of maritime law. Because of the demand by society to find someone to blame for environmental and human loss, there is a constant flow of cases, which serve to confirm the phenomenon but offer no solutions to defend the innocent. The structure of the maritime environment in which they work has changed dramatically, as evidenced by the complex evolution of fleet ownership and management, leaving the Master with diminished management influence. This book has been written in a format which meets the needs of lawyers, academics and maritime professionals, with the aim to analyse the character of criminalisation to determine the features which characterise the phenomenon in Port and Flag State contexts; it interrogates the aim to define the nature of criminalisation and identifies the constituent problems in such criminal accountability. Each chapter relies heavily on case studies to illustrate how the laws which reflect national policy underpinning those priorities are applied in practice. This structure enables an understanding of the problems in the criminal process, with a view to offering options for solutions. The book is directly relevant to a broad range of parties which includes lawyers, academics, P & I clubs, seafarers, shipowners, managers and agents, and national and international seafaring unions.
International Aviation Law
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Author : Mr Ronald I C Bartsch
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-01-28
International Aviation Law written by Mr Ronald I C Bartsch and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-28 with Law categories.
International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law from criminal law to contract law to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.
The Just Culture Principles In Aviation Law
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Author : Francesca Pellegrino
language : en
Publisher: Springer Nature
Release Date : 2019-09-09
The Just Culture Principles In Aviation Law written by Francesca Pellegrino and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-09 with Law categories.
This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.