La responsabilidad en el derecho aeronáutico por daños a terceros en la superficie producidos por ruido o estampido sónico de aeronaves

Abstract:

This investigation serves the purpose of determining the responsibility of the damages produced to third parties over the surface, due to noise and Sonic boom caused by spacecrafts. The internal normative analysis has been able to determine that there is no legal figure in the country destined to regulate the problem of the responsibility originated from the damages produced to third parties, due to noise produced by spacecrafts, but Ecuador is however ascribed to several International Agreements which tend to attend the responsibility produced by the damages in the aeronautic field. In several countries from Europe or in the United States, a normative which tries to regulate this problem, does exist, since they are concerned about acoustic contamination being one of the main factors damaging the environment, thus, several trials against the main responsible actors for noise damages, have taken place. Due to the performed study of both the internal and international legal norms, the responsible subject of the damages caused to thirds at the surface has been determined as the operator of the spacecraft which is producing the noise, and is causing the damages that must be repaid. In our country, acoustic contamination, has not been given the importance that it deserves, which is why it is necessary for people to start taking responsibility, specially legislators, whom should be the ones in charge of expediting the norms that regulate noise in Ecuador

Año de publicación:

2015

Keywords:

• Legislación
• DERECHO AÉREO
• AVIACIÓN CIVIL
• Derecho Procesal

Fuente:

rraae