Unapproved aircraft parts, or bogus parts as they have been referred to in the past, range from counterfeit sub-standard parts to parts which have been separated from the documentation detailing their prior use. These parts constitute a safety risk to the aviation industry and also have a negative economic effect on the industry. This thesis attempts to outline a complete set of legal solutions to contribute to the control and eradication of the problem of unapproved aircraft parts. Prior to a more detailed specifically legal study, a background to the problem is given, concentrating on the various sources and classifications of unapproved parts. The main elements of an anti-unapproved parts legal regime are then proposed, which would ideally be prescribed at international level to states for inclusion in their national legal regimes, and the extent to which current international law reflects the proposed regime is examined. Subsequently, a possible national anti-unapproved parts legal regime is proposed, drawing on the regulatory experience of the United States of America and Canada in dealing with this problem. Next, in addition to subject-specific regulation at national level, wider criminal law is also an effective tool in combating unapproved parts and the various possible criminal violations in unapproved parts scenarios are looked at. Finally, national private law is a further legal means both to combat unapproved parts and to control the effects of these parts, such as they do exist. Accordingly, private law remedies for unapproved parts will be examined, using the hypothetical example of an aircraft accident caused by unapproved parts.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.21688 |
| Date | January 1998 |
| Creators | Kinghorn, Christopher J. |
| Contributors | Milde, M. (advisor), Saba, J. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001651519, proquestno: MQ50939, Theses scanned by UMI/ProQuest. |
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