مسؤولية المُـراقب الجوي بين التشديد والتخفيف "دراسة مقارنة"

Abstract

Responsibility for the actions of an air traffic controller is considered a relatively recent responsibilities in the world of law in general and in the field of aviation in particular, due to the absence of national and comparative legislation in addressing the statement of air traffic controller liability for damages in air accidents resulting from his errors, and the lack of international legal regulation governing aspects of that responsibility. This led to a legislative, jurisprudential, and judicial conflict over the legal system’s definition of the air traffic controller’s responsibility for providing air traffic control services, and the problems that arise in determining the nature of the responsibility and the impact resulting from its realization, the limits of compensation for damage, and the extent to which it is permissible to resort to arbitration or not in the emerging lawsuits. This is what makes it important to address the idea of responsibility for damages resulting from errors committed by the air traffic controller during the exercise of his duties and powers, and hence the need to determine the effects resulting from the realization of liability in accordance with the general rules of civil liability, taking into account international attempts and efforts concerned with Organizing and establishing controls governing that responsibility.