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.

Provides a review and critical analysis of related legislation, regulations, standards and case law Includes comparisons at the national, international and supranational level Offers potential solutions for lawyers, prosecutors, judges, and practitioners

Auteur
Francesca Pellegrino is Full Professor of Maritime and Air Law at Messina University, Italy, as well as Visiting Professor at World Maritime University Malmo, of International Maritime Organization and at the Universities of Granada, Cadix, Vigo (Spain) and Nantes (France) within the Erasmus Teaching programme.

Contenu
Origin and Development of a "Just Culture".- The Legal Defintion of "Just Culture" in Aviation.- Legitimate and Illegitimate Behaviour in Aviation.- "Just Culture" Versus "Blame Culture" in Aviation.- From a "Blame Culture" to a "Just Culture" and Back: The Italian Experience in the Aviation Field.- Final Remarks.