SLF/attorney venturing a question here but only for the purpose of gaining better understanding of ongoing discussion.
Reference has been made to the PSM + ICR report. Accessing it (and adding it to lists of reports of various kinds that might be added as background in academic course and program outlines, for public and private international air law) I noticed it had roots in the mid-1990s and was issued in late 1998. Since that time, have there been significant changes in the way Propulsion System Malfunctions present themselves as occurrences to flight crews for response?
Stated differently, is there a significant caveat to be attached to that report relating or referring to advances or changes in cockpit instruments, automation, or procedures? (This is not to suggest the report was lacking in any way when issued or that it is lacking now - only that it seems reasonable to think the interaction between a malfunctioning propulsion system, and the pilots, could be different in some significant ways now, and such differences could in turn be relevant to keep in focus as responses to the accident under discussion are evaluated.)