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At the international level, standards and recommended practices adopted by the ICAO have settled the general framework followed by States in the provision of ATC services. However, as those international instruments have no binding effect, liability of air traffic controllers is governed by national regulations. Therefore, if in both the United States and France the liability regime is based on fault, nevertheless the nature of the fault and the one of the duties of air traffic controllers, as determined by the courts of each States, differ. This lack of uniformity is also obvious regarding the comparison between controllers' and pilots' liabilities. To mitigate the consequences of the deficiency of harmonisation, taking into account technical improvements inherent to the field of ATC and, broadly, to air navigation, two solutions have been suggested. The first one, Free flight, is still under study whereby the second one, privatisation, has already been successfully implemented in several countries and, while being strongly considered by the French government, has by now been initiated by the American one. However, we will have no option but to ascertain that such solutions will not solve the problem pertaining to disparities of regulations and holding of the courts on the matter of air traffic controllers' liability.

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Generally, the thesis relates modern technological developments in air traffic and air traffic control services to their legal regulation. It discusses the possible ways in which the liability of air tratfic control agencies could be regulated internationally. [...]

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The job of an air traffic controller is stressful by nature. Conditions like aircraft congestion in the skies, an outdated air traffic system and understaffing at control centers can add to the daily stresses of controllers and often cause fatigue. These conditions describe the current status of Air Traffic Services (ATS) in the United States. If left unaddressed, they could compromise safety, the primary objective of air traffic control. The purpose of this thesis is to assess the regulatory framework surrounding ATS specifically in the area of Safety Management Systems (SMS) and Human Factors and determine the course of action to be taken to improve safety in air traffic control. / This thesis begins with a description of what air traffic controllers do and the issues that ATS face in the U.S. It then examines the regulatory framework of the International Civil Aviation Organization (ICAO) and the U.S. regarding ATS, specifically SMS and Human Factors. A comparison is made between the privatized air traffic system of Canada and the government owned air traffic system of the U.S. and how privatization makes a difference economically, politically and legally when implementing standards and regulations and enforcing them. Finally, suggestions are made in order to improve the legal framework of air traffic services in the U.S.

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