LAW7024

International air law

Mr Leighton Morris

Objectives On completion of this subject students should have (1) an understanding of the main public and private international law principles governing air transport operations, including those of Australian airlines; (2) an awareness of shortcomings in existing international arrangements; (3) an appreciation of how international cooperation assists in the development of air transportation systems and (4) the ability to analyse and advise on situations affected by international aviation laws.

Synopsis This subject examines deals with major main public and private international law rules governing the international carriage of passengers and goods by air. The areas covered include the regulatory framework of international civil aviation, including the role of the Chicago Convention 1944; the legal status of international and territorial airspace, including limitations on the use of force against civilian aircraft; bilateral and multilateral regulation of commercial rights for the operation of international air services; the liability of air carriers in the carriage of passengers, baggage and cargo, as governed by the Warsaw Convention 1929 and carrier contracts; air carrier liability for surface damage under the Rome Convention 1955 and issues of aviation and airport security, as governed by the international conventions dealing with acts of aerial hijacking, sabotage and other forms of unlawful interference affecting aircraft and aviation facilities.

Assessment Take-home examination: 100% take-home examination: 65% - research assignment (3500 words): 35%

Texts

Course reading guide and materials
Civil Aviation (Carriers Liability) Act 1959 (Cth)

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