This course aims to provide students with knowledge of the governance of international civil aviation, including economic regulation of air services. It starts with a discussion of the constitution of international civil aviation, the Chicago Convention of 1944, which is based on sovereignty and territorial jurisdiction, and the responsibility of the International Civil Aviation Organization (ICAO) for promoting safety, security, and protection of the environment.
The course moves on to economic regulation as laid down in the Chicago Convention, ICAO Assembly Resolutions and Council Decisions, air services agreements concluded between sovereign States and, in some cases, international organisations such as the EU. This is followed by a review of steps taken to liberalise air transport services, with special attention paid to European air law, including Regulation (EC) 1008/2008, and EU external relations. Other topics include slot allocation, airport charges and market liberalisation and deregulation in other parts of the world.
This course also addresses the regulatory regimes pertaining to air traffic management, the investigation of accidents, and global market-based measures (MBMs) developed to address the challenge of aviation-related emissions. Other recent developments are also considered, such as the increased use of drones, new cybersecurity risks, the EU’s General Data Protection Regulation (GDPR), labour protections for transport workers, and the closure by States of airspace.
Outcome:
Upon completion of this course, students should be able to:
Define the fundamental principles of public international air law;
Explain the rules and their applicability for liability as addressed under public air law;
Analyse legal issues pertaining to public air law matters and the most important case law to propose possible ways of addressing such issues;
Apply public air law instruments and case law at the international and EU levels;
Solve practical case studies; and
Undertake an individual research project in the area of public air law.
