PhD defence
Criminal Liability of Pilots in Aviation Accident Cases
- J. Choi
- Date
- Tuesday 29 April 2025
- Time
- Address
-
Academy Building
Rapenburg 73
2311 GJ Leiden
Supervisor(s)
- Prof.dr. P.M.J. Mendes de Leon
- mr.dr. F.P. Ölcer
Summary
Unique complexities can arise in the circumscription of criminal liability of pilots for aviation accidents. Legal challenges in this respect are shaped by the interplay between international and domestic air law, technical standards, general and special criminal law and principles, as well as domestic enforcement mechanisms, all together forming the special regulatory domain of criminal air law.
This dissertation conducts a thorough examination of the pertinent international air law legal framework, tracing its evolution from the pre-Chicago Convention regime to the Chicago Convention (1944). It analyses how the criminal liability of pilots is regulated at both international and domestic levels, exploring the interplay and tensions between the paradigms of Safety, Transparency, and Legal Certainty.
Through a comparative analysis of the United States of America, the United Kingdom, and Republic of Korea, the study further examines how general and special criminal law and aviation-specific regulations influence prosecution practices, exposing inconsistencies, legal uncertainties, and enforcement challenges. It also assesses the role of international legal instruments, particularly the Chicago Convention (19 44) and ICAO Standards and Recommended Practices, in shaping domestic legal responses to the criminal liability of pilots.
This dissertation also presents empirical findings on how pilots perceive the legal framework governing their criminal liability. Drawing from legal doctrine, case law, pilot surveys, and international treaties, it proposes recommendations to enhance the coherence and clarity of the legal framework governing the criminal liability of pilots.
PhD dissertations
Approximately one week after the defence, PhD dissertations by Leiden PhD students are available digitally through the Leiden Repository, that offers free access to these PhD dissertations. Please note that in some cases a dissertation may be under embargo temporarily and access to its full-text version will only be granted later.
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