The Just Culture Principles In Aviation Law

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.

The Elgar Concise Encyclopedia of Aviation Law provides a comprehensive overview of the evolution of the dynamic field of aviation law. Curated by two internationally recognized scholars in the field, entries are written by a wealth of specialist academics, legal experts, practitioners, and representatives of global institutions.

This book provides an overview of the aviation sector by focusing on all major aspects embedded in the environment (subsystems) and the market of aviation. The book explains the linkages between subsystems politics, society, technology, economy, environment, and regulation, and how these subsystems influence each other and the market. The book starts by describing the aviation system, then focuses on the supply side and the demand side of the system and in a final part focuses on steering and controlling the system of aviation from a managerial, economic, and regulatory perspective. Examples and case studies of airports, airlines, and the production industry in each chapter support the application-oriented approach. The summary and review questions help the reader to understand the focus and main messages of each chapter. Students and researchers in business administration with a focus on aviation, as well as professionals in the industry looking to refresh or broaden their knowledge in the field will benefit from this book.

One box of chemicals mistaken for another. Ingredients intended to be life-sustaining are instead life-taking. Families in shock, healthcare providers reeling and fingers starting to point. A large healthcare system’s reputation hangs in the balance while decisions need to be made, quickly. More questions than answers. People have to be held accountable – does this mean they get fired? Should the media and therefore the public be informed? What are family members and the providers involved feeling? When the dust settles, will remaining patients be more safe or less safe? In this provocative true story of tragedy, the authors recount the journey travelled and what was learned by, at the time, Canada’s largest fully integrated health region. They weave this story together with the theory about why things fall apart and how to put them back together again. Building on the writings and wisdom of James Reason and other experts, the book explores new ways of thinking about Just Culture, and what this would mean for patients and family members, in addition to healthcare providers. With afterwords by two of the major players in this story, the authors make a compelling case that Just Culture is as much about fairness and healing as it is about supporting a safety culture.

Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: global ramifications of national and regional initiatives; auditing of state compliance with international standards; characterization of crimes against the safety of civil aviation; importance of ensuring that safety requirements are not compromised by profit considerations; burgeoning of airline alliances, code-sharing and outsourcing activities; demands for simplification and unification of certain regulatory procedures; prohibition of the use of weapons against civil aircraft in flight; development of new technology, such as satellite-based navigation systems; and importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.

Artificial Intelligence (AI) has augmented human activities and unlocked opportunities for many sectors of the economy. It is used for data management and analysis, decision making, and many other aspects. As with most rapidly advancing technologies, law is often playing a catch up role so the study of how law interacts with AI is more critical now than ever before. This book provides a detailed qualitative exploration into regulatory aspects of AI in industry. Offering a unique focus on current practice and existing trends in a wide range of industries where AI plays an increasingly important role, the work contains legal and technical analysis performed by 15 researchers and practitioners from different institutions around the world to provide an overview of how AI is being used and regulated across a wide range of sectors, including aviation, energy, government, healthcare, legal, maritime, military, music, and others. It addresses the broad range of aspects, including privacy, liability, transparency, justice, and others, from the perspective of different jurisdictions. Including a discussion of the role of AI in industry during the Covid-19 pandemic, the chapters also offer a set of recommendations for optimal regulatory interventions. Therefore, this book will be of interest to academics, students and practitioners interested in technological and regulatory aspects of AI.

This book provides an introduction to, and demystification of, the private and public dimensions of international aviation law. The air transport industry is not governed by a discrete area of the law but rather by a series of disparate transnational regulatory instruments. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.

This book addresses each of the Air Navigation Services' five broad categories of services provided to air traffic during all phases of operation: air traffic management (ATM), communication, navigation and surveillance services (CNS), meteorological services for air navigation (MET), aeronautical information services (AIS) and search and rescue (SAR). This book is designed for working professionals in Air Transport Management, but also undergraduate and postgraduate students studying air transport management and aeronautical engineering. It will also be very helpful for the training of air traffic control officers (ATCOs). The book does not require any prior (specialist) knowledge as it is an introduction to air navigation service provider (ANSP) business. There is very little literature available that gives a detailed appreciation of the complexities, potential risks and issues associated with the provision of air navigation services. The role of this book is to fill this significant gap with a comprehensive, in-depth study of the management principles related to ANSPs. This is particularly timely given recent ATC developments in Europe, USA and New Zealand. Airlines and airports rely on the ANSPs for the management of air traffic. Hence, air navigation services (ANS) provision is considered as a core element for air transportation.