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A Study Of The Rules Of Accident Investigation Of International Civil Aviation Under “Just Culture”:Dilemmas And Solutions

Posted on:2020-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2416330623453503Subject:International Law
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Civil air transportation has always been regarded as the safest mode of transportation,but potential risks still exist in it.Once serious consequences occur,it is necessary to conduct an investigation to find the causes,and further to correct the errors that led to the incident.Article 26 of the Convention on International Civil Aviation(hereinafter referred to as “Chicago Convention”)requires Contracting States to initiate an accident investigation in accordance with the procedures recommended by ICAO in the event of an aircraft accident.The current rules of international civil aviation accident investigation are mainly reflected in Annex 13 to the Convention-Aircraft Accident and Incident Investigation(hereinafter referred to as “Annex 13”)and relevant ICAO documents.According to Annex 13,the sole purpose of an aircraft accident investigation is to prevent accidents and incidents from reoccurring.It is not the purpose of this activity to apportion blame or liability.During an investigation,reporting from civil aviation personnel is significant.However,the procedures for accountability have caused the personnel to worry what they report will be used against themselves,and thus they are reluctant to actively share the information about the accident.Just Culture is intended to establish a proper balance between accountability and absolute no blame: the act that is compatible with the experience and training of the civil aviation personnel will not be punished,butgross negligence and destructive behavior will not be tolerated.And this helps build an environment for free reporting for the safety of civil aviation systems.ICAO has recently revised Annex 13 reflecting Just Culture: first,by strengthening the independence of investigations;secondly,by adding provisions for the protection of investigation records,and implementing a balancing test to determine whether the investigation records can be disclosed or used in certain ways.Although Just Culture has been introduced to the rules of international civil aviation accident investigation,it still faces difficulties in development,both theoretically and practically.For example,the spirit of Article 12 of the Chicago Convention seems to be contrary to the concept of Just Culture.There are also differences between domestic legislative practice and the international rules.These problems may be solved by making appropriate interpretation of the treaty,and ensuring compliance with the international system in Contracting States.China is a party to the Chicago Convention and is prosperous in aviation industry.As with other States,China needs to establish a free reporting environment.At present,the domestic rules of aircraft accident investigation have generally been established,but Just Culture has not been introduced at the legislative level.In view of the current rules of China,this paper proposes the introduction of Just Culture and the establishment of the corresponding rules in China at the end.There are four chapters in this article:The first chapter introduces the jurisprudence and reasons for introducing Just Culture to rules of the international civil aviation accident investigation.This chapter first discusses the rules and mechanism of the international civil aviation accident investigation,and then discusses the theory of Just Culture,including its origin and principle,the definition and its application in different fields,and finally analyzes the inner value of Just Culture.The application of Just Culture in the international civil aviation accident investigation system will also be elaborated.The second chapter talks about the application of Just Culture in the rules of international civil aviation accident investigation.The specific requirements of Just Culture reflected in Annex 13 of the Chicago Convention are discussed from threeaspects.The first is the protection requirements of information collected in international accident investigations,the second is the separation requirements of international accident investigation and “accountability investigation”,and the third is rules on whether the international accident investigation report can be used as litigation evidence under Just Culture.The third chapter is about the dilemma of the development of Just Culture in the international civil aviation accident investigation system.The paper analyzes the dilemma in theory and practice,and put forward suggestions on the basis of the analysis of the aforementioned problems.The fourth chapter touches on the advice for improving China's civil aviation accident investigation system under Just Culture.Firstly,it analyzes the China's current rules of civil aviation accident investigation within the context of Just Culture,and then discusses the consequences caused by the lack of Just Culture in China's current system.Finally,it puts forward the proposal to establish Just Culture in China's civil aviation accident investigation system.In summary,Just Culture as a scientific concept that has been applied in many fields is of great significance to the promotion of civil aviation safety.Although ICAO has made rules reflecting Just Culture in Annex 13,it still faces difficulties in both theoretical and practical facets,and thus further research need to be conducted.As a State prosperous in civil aviation industry,China still has many problems in its domestic investigation system.It should take active measures to better comply with international rules by introducing Just Culture and effectively protect the safety of the civil aviation industry.
Keywords/Search Tags:Convention on International Civil Aviation, Aircraft Accident, Just Culture, Accident Investigation, Free Reporting, Independent Accident Investigation
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