The Just Culture Principles In Aviation Law
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| Author | : Francesca Pellegrino |
| Publisher | : Springer Nature |
| Total Pages | : 161 |
| Release | : 2019-09-09 |
| Genre | : Law |
| ISBN | : 303023178X |
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.
| Author | : Brian F. Havel |
| Publisher | : Cambridge University Press |
| Total Pages | : 463 |
| Release | : 2014-03-31 |
| Genre | : Law |
| ISBN | : 1139867504 |
The Principles and Practice of International Aviation Law provides an introduction to, and demystification of, the private and public dimensions of international aviation law. Unlike other global sectors, the air transport industry is not governed by a discrete area of the law, but by disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. 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.
| Author | : Anna Masutti |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 559 |
| Release | : 2023-12-11 |
| Genre | : Law |
| ISBN | : 1803923652 |
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.
| Author | : Andreas Wittmer |
| Publisher | : Springer Nature |
| Total Pages | : 489 |
| Release | : 2021-10-13 |
| Genre | : Business & Economics |
| ISBN | : 3030795497 |
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.
| Author | : Pablo Mendes de Leon |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 573 |
| Release | : 2022-08-11 |
| Genre | : Law |
| ISBN | : 9403547332 |
The world of aviation has moved on rapidly since the appearance of the ninth edition of this pre-eminent resource five years ago. Those developments pertain to market access and market behaviour by air carriers, including competition, new perceptions of safety and security, among others, in relation to transparency of accident investigation and cybersecurity, case law in the area of airline liability, with new cases from the United States, product liability and insurance, the United Kingdom, and elsewhere, the growing importance of environmental concerns, the rights and obligations of passengers, also in the context of ‘unruly’ passengers, and innovative methods for financing aircraft. Special attention has been paid in this edition to regional integration movements, especially in Europe, affecting the mentioned subjects. The book’s extensive references to other sources in the field have been expanded and updated by the author and experts in specialised areas. The present edition addresses the following topics: the regulatory framework governing the operation of air services, including the principle of sovereignty in national airspace; the distinction between State and civil aircraft; dispute settlement in international civil aviation; economic regulation of international air transport services, including the establishment of air services agreements; inter-airline cooperation in the context of competition law regimes; liability of the various service providers, in particular airlines, and related insurance coverage; the promotion of safety standards; criminal acts affecting the safety of aviation; the role of international and regional organisations with particular reference to that of the European Union; liability of the aircraft manufacturer for equipment; and financial and security interests in mobile equipment. The many practitioners, officials, business people, and academics with a professional interest in aviation law will appreciate this new edition as one of the fundamental works in the field, and newcomers will discover an incomparable resource. This eleventh edition is ready to be of unmatched service to any practising member of the air law community anywhere in the world.
| Author | : Jan M. Davies, MSc, MD, FRCPC, FRAeS |
| Publisher | : CRC Press |
| Total Pages | : 246 |
| Release | : 2022-05-10 |
| Genre | : Business & Economics |
| ISBN | : 100057704X |
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.
| Author | : Marina Efthymiou |
| Publisher | : Taylor & Francis |
| Total Pages | : 287 |
| Release | : 2023-05-10 |
| Genre | : Transportation |
| ISBN | : 1000841294 |
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.
| Author | : Professor Sidney Dekker |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 201 |
| Release | : 2012-10-01 |
| Genre | : Psychology |
| ISBN | : 1409487024 |
Building on the success of the 2007 original, Dekker revises, enhances and expands his view of just culture for this second edition, additionally tackling the key issue of how justice is created inside organizations. The goal remains the same: to create an environment where learning and accountability are fairly and constructively balanced. The First Edition of Sidney Dekker’s Just Culture brought accident accountability and criminalization to a broader audience. It made people question, perhaps for the first time, the nature of personal culpability when organizational accidents occur. Having raised this awareness the author then discovered that while many organizations saw the fairness and value of creating a just culture they really struggled when it came to developing it: What should they do? How should they and their managers respond to incidents, errors, failures that happen on their watch? In this Second Edition, Dekker expands his view of just culture, additionally tackling the key issue of how justice is created inside organizations. The new book is structured quite differently. Chapter One asks, ‘what is the right thing to do?’ - the basic moral question underpinning the issue. Ensuing chapters demonstrate how determining the ‘right thing’ really depends on one’s viewpoint, and that there is not one ‘true story’ but several. This naturally leads into the key issue of how justice is established inside organizations and the practical efforts needed to sustain it. The following chapters place just culture and criminalization in a societal context. Finally, the author reflects upon why we tend to blame individual people for systemic failures when in fact we bear collective responsibility. The changes to the text allow the author to explain the core elements of a just culture which he delineated so successfully in the First Edition and to explain how his original ideas have evolved. 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. Those familiar with the earlier book and those for whom a just culture is still an aspiration will find much wisdom and practical advice here.
| Author | : Damian M. Bielicki |
| Publisher | : Routledge |
| Total Pages | : 256 |
| Release | : 2021-12-24 |
| Genre | : Law |
| ISBN | : 1000509796 |
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.
| Author | : Sidney Dekker |
| Publisher | : CRC Press |
| Total Pages | : 250 |
| Release | : 2018-09-07 |
| Genre | : Technology & Engineering |
| ISBN | : 1317109899 |
A just culture is a culture of trust, learning and accountability. It is particularly important when an incident has occurred; when something has gone wrong. How do you respond to the people involved? What do you do to minimize the negative impact, and maximize learning? This third edition of Sidney Dekker’s extremely successful Just Culture offers new material on restorative justice and ideas about why your people may be breaking rules. Supported by extensive case material, you will learn about safety reporting and honest disclosure, about retributive just culture and about the criminalization of human error. Some suspect a just culture means letting people off the hook. Yet they believe they need to remain able to hold people accountable for undesirable performance. In this new edition, Dekker asks you to look at 'accountability' in different ways. One is by asking which rule was broken, who did it, whether that behavior crossed some line, and what the appropriate consequences should be. In this retributive sense, an 'account' is something you get people to pay, or settle. But who will draw that line? And is the process fair? Another way to approach accountability after an incident is to ask who was hurt. To ask what their needs are. And to explore whose obligation it is to meet those needs. People involved in causing the incident may well want to participate in meeting those needs. In this restorative sense, an 'account' is something you get people to tell, and others to listen to. Learn to look at accountability in different ways and your impact on restoring trust, learning and a sense of humanity in your organization could be enormous.
