Air traffic controller liability for collisions

Fakher, Rasha Qasim

doi:10.63677/jqlap.2025.187071

	Air traffic controller liability for collisions
AL-Qadisiya Journal For Law and Political Sciences
Article 35, Volume 16, Issue: 1 part 2, June 2025, Pages 747-762 PDF (1.14 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.187071
Author
Rasha Qasim Fakher^*
University of Iraq / College of Law and Political Science
Abstract
The topic of air collisions is of particular importance from both a practical and legal perspective. It occupies a significant space in the field of air transport, which is linked to the provision of a public service and a means of transportation. This has necessitated an examination of the duties and responsibilities of air traffic controllers. Should an error occur, they are liable for air collisions occurring during flights. This raises questions about the nature of the air traffic controller's liability, its legal basis, the impact of their responsibility in collision cases, the method of compensation for damages, and the amount of compensation for damages sustained, whether to passengers or cargo. We will attempt to answer all these questions and others by following the descriptive approach, which helps us review the legal ideas and opinions presented by jurisprudence and legislative positions specific to the subject of the study, on the one hand. On the other hand, we will follow the analytical approach, which helps us delve deeper into presenting ideas and examining them in a way that enables us to answer the questions raised and arrive at the best treatment of the problem under study, within the comparative research method, which helps us identify the positions of legislation, jurisprudence and the judiciary within the framework of the topics specific to the study.
Keywords
Liability; Air Traffic Controller; Collision; Air Transport

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