International Aviation Law

As noted by E.M. Giemulla, ‘Aviation is a transnational, border-crossing phenomenon. Without aviation, the globalisation of the flow of people and goods, and of the mixing of cultures would have been impossible. Without aviation, the global awareness that we all live together on one planet could not have developed’ (International and EU Aviation Law, Kluwer Law International 2011) From its conception in the early 20th century, aviation has been the matter of international concern. The increasing number of legal issues in this area led to the adoption of numerous international measures.

This module aims to provide students with an overview of the international regulatory framework governing civil aviation. This module explains the history of international aviation law and examines the international legal framework governing civil aviation. Particular attention is paid to the 1944 Chicago Convention which is a cornerstone governing international civil aviation. The course topics also cover the International Civil Aviation Organization (ICAO), the 1929 Warsaw Convention and 1999 Montréal Convention on carriers’ liability, the 1963 Tokyo Convention on crimes committed on board aircraft and the 1970 Hague Convention on unlawful seizure of aircraft (the ‘Hijacking Convention’). The module also looks at the international legal responses to the recent Covid-19 crisis and finishes with the analysis of the regulation of international interests in mobile equipment (2001 Cape Town Convention) and aviation liability insurance. Guest lectures are provided by industry experts from i.e. the Irish Aviation Authority, Air Accident Investigation Unit, Bird&Bird law firm, Paris.

Internship opportunities are provided for students achieving best results in the module.

Learning Outcomes:

On successful completion of this module, students should be able to:

• Identify and evaluate the international regulatory structure governing civil aviation
• Appraise the importance of the Chicago Convention for the public international aviation law
• Critically evaluate the role of ICAO in the international regulation of civil aviation
• Analyse the principles of private international aviation law as governed by the Warsaw and Montreal Conventions
• Identify main international legal instruments dealing with crimes committed on board aircraft
• and unlawful seizure of aircraft
• Analyse main principles governing the international regulation of aviation liability insurance
• Identify and assess legal principles governing the international interests in mobile equipment
• Apply critical analysis and problem-solving skills to questions relating to international aviation law.

Assessment:

• Essay (5,500 word limit) – 95%
• Blackboard Participation – 5%

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