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The International Law Framework for Global Aviation

The International Law Framework for Global Aviation. Gregory L. Riggs, J.D. AABI Industry/Educator Forum February 21, 2013. Framing the Discussion. Defining the scope The role of “International Law” in aviation Responsibility and accountability in the international arena

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The International Law Framework for Global Aviation

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  1. The International Law Framework for Global Aviation

    Gregory L. Riggs, J.D. AABI Industry/Educator Forum February 21, 2013
  2. Framing the Discussion Defining the scope The role of “International Law” in aviation Responsibility and accountability in the international arena The impact of legal forces on professionalism and safety Lessons for educators?
  3. What do we mean by “International Law” anyway? Is “International Law” really law? The role of customs and norms – e.g. sovereignty The role of treaties and conventions
  4. The Role of International Agreements
  5. The Story of Liability Who is responsible when bad things happen? How does the law affect our behavior? What’s the worst that can happen? What do lawyers like better: domestic US accidents or international accidents? What difference does it make to AABI?
  6. Degrees of Culpability
  7. The Law of Negligence in the US To establish a prima facie case, an injured plaintiff must prove: 1. Duty of care -- Obligation to take REASONABLE CARE 2. Breach of the duty -- Failure to take reasonable care 3. Causation -- The breach causes the injury
  8. Schwamb: The Airline Standard of Care in the United States “With proof of injury to a fare-paying passenger on common carrier and failure to reach his destination safely, the plaintiff establishes a prima facie case of negligence . . .” At this point, the burden shifts to the defendant to overcome the prima facie case.”
  9. Standard of Care – Cont. At this point the carrier must show: that the incident did not occur, or that it was WITHOUT THE SLIGHTEST DEGREE OF NEGLIGENCE
  10. Why the High Standard? “A public carrier of passengers is required to exercise the highest degree of vigilance, care and precaution for the safety of those it undertakes to transport.”
  11. The Elephant in the Room Punitive Damages
  12. Exxon Valdez Oil Spill
  13. The Jury’s Decision Exxon Valdez Jury Verdict: Gross negligence on the part of Exxon management
  14. Punitive Damages Award $5 Billion
  15. Lessons and Dangers in US Law When things go wrong, liability is virtually a sure thing Level of accountability is extremely high Management is responsible Legal liability can be astronomical (but punitive damages are really hard to get in aviation)
  16. The International Liability Regime Warsaw Convention of 1929 was designed to protect the young aviation industry and provide certainty and uniformity.
  17. Key Warsaw Provisions Warsaw Convention is exclusive remedy Carrier is presumptively liable Carrier not liable if it proves it took “all necessary measures” No “emotional distress” without physical injury Limit on amount of money recoverable ($75K) unless gross negligence
  18. Another Elephant Criminal Prosecutions – Safer Skies?
  19. Criminal Charges in Other Countries France - Concorde accident in Paris Concorde ran over titanium strip – tires exploded Criminal charges filed against manufacturer execs, Continental mechanics, and aviation official Brazil mid-air US pilots charged with involuntary manslaughter Passports seized Criminal prosecutions in UK, Switzerland, Greece, et al Blue Panorama
  20. Criminal Prosecutions in the US AMR Hazmat Argenbright Valujet
  21. Safety Implications of Criminal Sanctions Safety investigations are about: Developing the factual record What errors were made, by whom, why, how? How do we prevent future errors? The keys to success are: Cooperation Openness and honesty Objectivity
  22. Who would you put in jail? Terrorism? Sabotage? Extreme recklessness (e.g., drunken pilots)? Falsifying maintenance records? Fraud?
  23. Are international legal trends good or bad? Reasonable damages – Good Trend away from blame - Good Uniformity – Good Clear standards of aviation operations – Good Punitive damages difficult to obtain – Good Criminal prosecutions - Bad
  24. Thoughts for Educators What should we teach our students about the risks of legal liability? What lessons should we distill for students about how to meet or exceed society’s expectations? How do we infuse high professionalism and aviation character? How do we teach future aviation leaders about management responsibility?
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