International air law
Mr Leighton Morris
One 2-hour lecture per week * Semester One * Clayton
Objectives On completion of this subject students should have (1) an appreciation of how air transportation systems are dependent upon international cooperation; (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 examines the major public and private international law rules governing international carriage of passengers and goods by air. Areas covered include the regulatory framework of international civil aviation, including 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; 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 issues of aviation and airport security, as governed by 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% respectively
Texts
Course reading guide and materials
Civil Aviation (Carriers Liability) Act 1959 (Cth)
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