Scipediacontent: Scipediacontent moved page Draft Content 392399325 to Simoncini Contissa 2013a

2021-02-16T10:25:14Z

Scipediacontent moved page Draft Content 392399325 to Simoncini Contissa 2013a

Scipediacontent: Created page with " == Abstract == This article aims to analyse liability issues as a further means to regulate risks, in case the precautionary measures of the delivered safety system fail. Th..."

2021-02-16T10:25:08Z

Created page with " == Abstract == This article aims to analyse liability issues as a further means to regulate risks, in case the precautionary measures of the delivered safety system fail. Th..."

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== Abstract ==

This article aims to analyse liability issues as a further means to regulate risks, in case the precautionary measures of the delivered safety system fail. Through liability, the risk that cannot be prevented can be transferred onto those parties who are in the best position to spread them. The allocation of liability thus works as an incentive to the correct functioning of the preventive measures. Liability rules appear to be a key legal remedy which can ensure both tort reparation and a fair and efficient distribution of burdens in a legal order. In this vein, air traffic management (ATM) is addressed as a case study, which shows the main issues and the gaps that liability rules face when dealing with the trade off between risk and safety as conveyed by technology.After having clarified the nature of the relations between risk and liability on the one hand, and automation and liability on the other hand, this article analyses liability issues in the framework of ATM by approaching this topic in a comparative way between the National Airspace System (NAS) of the United States of America (USA) and the Single European Sky (SES) of the European Union (EU).

== Original document ==

The different versions of the original document can be found in:

* [http://hdl.handle.net/11585/581332 http://hdl.handle.net/11585/581332]

* [http://hdl.handle.net/1814/30477 http://hdl.handle.net/1814/30477]

* [https://hdl.handle.net/10067/1165480151162165141 https://hdl.handle.net/10067/1165480151162165141]

* [https://cadmus.eui.eu/handle/1814/30477 https://cadmus.eui.eu/handle/1814/30477],
: [https://academic.microsoft.com/#/detail/42572601 https://academic.microsoft.com/#/detail/42572601]

* [https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1867299X00003330 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1867299X00003330],
: [http://dx.doi.org/10.1017/s1867299x00003330 http://dx.doi.org/10.1017/s1867299x00003330] under the license https://www.cambridge.org/core/terms

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Simoncini Contissa 2013a - Revision history

Scipediacontent: Scipediacontent moved page Draft Content 392399325 to Simoncini Contissa 2013a

Scipediacontent: Created page with " == Abstract == This article aims to analyse liability issues as a further means to regulate risks, in case the precautionary measures of the delivered safety system fail. Th..."