Authorised by Academic Registrar, April 1996
Objectives On completion of this subject students should have (1) an appreciation of how international cooperation assists in the development of air transportation systems; (2) an understanding of public and private international law principles governing air transport operations including those of Australian airlines; (3) an awareness of shortcomings in international aviation arrangements; and (4) an ability to analyse factual situations affected by international aviation treaties or treaty-based national laws.
Synopsis This subject deals with the main public and private international law rules governing the international carriage of passengers and goods by air. The areas examined include the regulatory framework of international civil aviation and the role of the Chicago Convention 1944; the legal status of airspace, including limitations on the use of force against civil 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 the issue of aviation and airport security, as governed by the various 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% or shorter take-home examination and case study (3500 words): 65% and 35%