Flying In The Face Of Criminalization

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Flying in the Face of Criminalization

Author : Sofia Michaelides-Mateou,Andreas Mateou
Publisher : Routledge
Page : 234 pages
File Size : 52,9 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781317134688

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Flying in the Face of Criminalization by Sofia Michaelides-Mateou,Andreas Mateou Pdf

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

Author : Alena Soloveva
Publisher : Taylor & Francis
Page : 505 pages
File Size : 42,6 Mb
Release : 2022-07-28
Category : Transportation
ISBN : 9781000577938

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Illegal Charters and Aviation Law by Alena Soloveva Pdf

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

Author : Simon Daniels
Publisher : CRC Press
Page : 171 pages
File Size : 41,7 Mb
Release : 2016-08-12
Category : Law
ISBN : 9781317389484

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Corporate Manslaughter in the Maritime and Aviation Industries by Simon Daniels Pdf

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

Author : Roger Rapoport
Publisher : james sparling
Page : 252 pages
File Size : 43,7 Mb
Release : 2011-12-10
Category : Transportation
ISBN : 9780984714209

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The Rio/Paris Crash by Roger Rapoport Pdf

The investigation behind the investigation. The story of the real causes of the crash of Flight 447.

Achieving Systems Safety

Author : Chris Dale,Tom Anderson
Publisher : Springer Science & Business Media
Page : 295 pages
File Size : 54,9 Mb
Release : 2012-01-05
Category : Computers
ISBN : 9781447124948

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Achieving Systems Safety by Chris Dale,Tom Anderson Pdf

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

Author : Ron Bartsch
Publisher : Routledge
Page : 414 pages
File Size : 51,8 Mb
Release : 2018-06-27
Category : Transportation
ISBN : 9781351363952

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International Aviation Law by Ron Bartsch Pdf

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

Author : Paul B. Larsen,John Gillick,Joseph Sweeney
Publisher : Martinus Nijhoff Publishers
Page : 1396 pages
File Size : 54,8 Mb
Release : 2012-06-07
Category : Law
ISBN : 9789004168107

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Aviation Law: Cases, Laws and Related Sources by Paul B. Larsen,John Gillick,Joseph Sweeney Pdf

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

Author : Simon Daniels
Publisher : Taylor & Francis
Page : 193 pages
File Size : 42,7 Mb
Release : 2022-04-04
Category : Law
ISBN : 9781000557398

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Responsibility and Accountability in Maritime Law by Simon Daniels Pdf

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

Author : Mr Ronald I C Bartsch
Publisher : Ashgate Publishing, Ltd.
Page : 523 pages
File Size : 42,7 Mb
Release : 2013-01-28
Category : Law
ISBN : 9781409471974

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International Aviation Law by Mr Ronald I C Bartsch Pdf

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

Author : Francesca Pellegrino
Publisher : Springer Nature
Page : 152 pages
File Size : 48,6 Mb
Release : 2019-09-09
Category : Law
ISBN : 9783030231781

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The Just Culture Principles in Aviation Law by Francesca Pellegrino Pdf

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.

Aviation Systems

Author : Andreas Wittmer,Thomas Bieger,Roland Müller
Publisher : Springer Nature
Page : 489 pages
File Size : 43,8 Mb
Release : 2021-10-13
Category : Business & Economics
ISBN : 9783030795498

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Aviation Systems by Andreas Wittmer,Thomas Bieger,Roland Müller Pdf

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.

Second Victim

Author : Sidney Dekker
Publisher : CRC Press
Page : 131 pages
File Size : 51,6 Mb
Release : 2013-03-26
Category : Medical
ISBN : 9781466583412

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Second Victim by Sidney Dekker Pdf

How do people cope with having "caused" a terrible accident? How do they cope when they survive and have to live with the consequences ever after? We tend to blame and forget professionals who cause incidents and accidents, but they are victims too. They are second victims whose experiences of an incident or adverse event can be as traumatic as that of the first victims’. Yet information on second victimhood and its relationship to safety, about what is known and what organizations might need to do, is difficult to find. Thoroughly exploring an emerging topic with great relevance to safety culture, Second Victim: Error, Guilt, Trauma, and Resilience examines the lived experience of second victims. It goes through what we know about trauma, guilt, forgiveness, and injustice and how these might be felt by the second victim. The author discusses how to conduct investigations of incidents that do not alienate second victims or make them feel even worse. It explores the importance support and resilience and where the responsibilities for creating it may lie. Drawing on his unique background as psychologist, airline pilot, and safety specialist, and his own experiences with helping second victims from a variety of backgrounds, Sidney Dekker has written a powerful, moving account of the experience of the second victim. It forms compelling reading for practitioners, risk managers, human resources managers, safety experts, mental health workers, regulators, the judiciary, and many other professionals. Dekker provides a strong theoretical background to promote understanding of the situation of the second victim and solid practical advice about how to deal with trauma that continues after an event leading to preventable harm or even avoidable death of a patient, consumer, or colleague. Listen to Sidney Dekker speak about his book

Unmanned Aerial Vehicles Applications: Challenges and Trends

Author : Mohamed Abdelkader,Anis Koubaa
Publisher : Springer Nature
Page : 404 pages
File Size : 55,9 Mb
Release : 2023-06-29
Category : Technology & Engineering
ISBN : 9783031320378

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Unmanned Aerial Vehicles Applications: Challenges and Trends by Mohamed Abdelkader,Anis Koubaa Pdf

This is a book that covers different aspects of UAV technology, including design and development, applications, security and communication, and legal and regulatory challenges. The book is divided into 13 chapters, grouped into four parts. The first part discusses the design and development of UAVs, including ROS customization, structured designs, and intelligent trajectory tracking. The second part explores diverse applications such as search and rescue, monitoring distributed parameter systems, and leveraging drone technology in accounting. The third part focuses on security and communication challenges, including security concerns, multi-UAV systems, and communications security. The final part delves into the legal and regulatory challenges of integrating UAVs into non-segregated airspace. The book serves as a valuable resource for researchers, practitioners, and students in the field of unmanned aerial vehicles, providing a comprehensive understanding of UAV technology and its applications.

Convention on International Civil Aviation

Author : Ruwantissa Abeyratne
Publisher : Springer Science & Business Media
Page : 677 pages
File Size : 41,8 Mb
Release : 2013-08-04
Category : Law
ISBN : 9783319000688

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Convention on International Civil Aviation by Ruwantissa Abeyratne Pdf

This book is both a repertory guide to the Convention on International Civil Aviation (Chicago Convention) as well as a legal analysis of the provisions of the treaty. It traces action taken by the ICAO Assembly and the Council in the implementation of the Convention from the first ICAO Assembly in 1947 until 2012. Above all, the book offers a commentary on the functional and moral fabric of the Chicago Convention, which is not only a multilateral legal instrument that sets out basic principles of air navigation and air transport, but also serves as a moral compass that brings the people of the world together. The teleological nature of the Chicago Convention is reflected from the outset – from its Preamble which sets the tone and philosophy of the Convention – that aviation builds friendship and understanding among all people, to its technical provisions that range from rules of the air to landing at airports and customs and immigration procedures. The book effectively demonstrates the Aristotelian principle – that rules make people good by forming habits in them. Standardization, or in other words, compliance, is the driver of the Convention that keeps aviation safe, regular, efficient and economical. To that end, this book traces and details the sustained relevance of the Chicago Convention and the efforts of ICAO and the international aviation community towards keeping air transport on track and ready for its future exponential growth, both in letter and in spirit. ​

Just Culture

Author : Sidney Dekker
Publisher : Ashgate Publishing, Ltd.
Page : 201 pages
File Size : 46,7 Mb
Release : 2012
Category : Technology & Engineering
ISBN : 9781409440604

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Just Culture by Sidney Dekker Pdf

While many organizations see the value of creating a just culture they struggle when it comes to developing it. In this Second Edition, Dekker expands his views, additionally tackling the key issue of how justice is created inside organizations. Dekker also introduces new material on ethics and on caring for the' second victim' (the professional at the centre of the incident). Consequently, we have a natural evolution of the author's ideas.