Module Specifications..
Current Academic Year 2023 - 2024
Please note that this information is subject to change.
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Description Aviation is one of the most heavily regulated industries and this means that today’s aviation professional should be aware of, and familiar with, how the law applies to aviation. This module will provide an introduction for students to the legal environment within which aviation operates, at the Irish, European and international levels. This module aims to provide an awareness and understanding of how the law applies to aviation and thereby further enable management of commercial and operational functions. Those provisions of aviation law most relevant to the management function will be explored so as to facilitate practical application to real life scenarios. As a module aimed at non-lawyers, the teaching approach will utilise plain English explanations of the law and make use of cases and practical examples as the main source of illustration. An interactive approach will be taken to the delivery of lectures, with students encouraged to participate in class discussion. Topics will be explored against their historical backdrop, tracing the development of aviation regulation through its various stages and thereby providing context for contemporary issues facing the industry. | |||||||||||||||||||||||||||||||||||||||||
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Learning Outcomes 1. Provide an overview of the specific legal framework that governs aviation, from airports to airlines, ground handling companies to air navigation service providers, and so on. 2. Describe, within a legal context, the historical and political factors at play in the air transport market and which continue to influence its development and regulation. 3. Identify the sources of law applicable to aviation (treaties, national law, European law, etc.), describe key provisions and how, and when, they apply. 4. Apply legal principles to concrete factual scenarios with operational or commercial impact as well as be able to identify legal issues arising from operational or commercial decisions and policies. 5. Demonstrate the role, functioning and responsibilities of aviation governance organisations. | |||||||||||||||||||||||||||||||||||||||||
All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml |
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Indicative Content and Learning Activities
Chicago Convention• History of the regulation of civil aviation The freedom of the air Background to the Chicago Conference 1944 • Key principles of the Chicago Convention system Territorial sovereignty Nationality and registration of aircraft Scheduled and non-scheduled services The nine freedoms of the airAir Transport Market• Bilateralism and market access Air transport agreements Capacity and pricing Inter-airline commercial agreements • Ownership and control of airlines The emergence of joint ventures and airline alliances • Market Liberalisation US deregulation and European liberalisation Open Skies EU external relations with third countriesSources of Aviation Governance• The role of the International Civil Aviation Organisation (ICAO): Structure, Regulatory Procedure, Standards and Recommended Practices (SARPs) • EUROCONTROL - Air Traffic Management in Europe • European Aviation Safety Agency (EASA) • International Air Transport Association (IATA) • Irish Aviation Regulation: key statutory provisions, Irish Aviation Authority, Commission for Aviation RegulationCompetition Law and Aviation• US Anti-Trust Immunity Airline alliances: transatlantic alliances • EU competition law Anti-competitive agreements: code-sharing, global distribution systems, frequent flyer programmes Abuse of dominant position EU Merger Regulation • State aid as applied to the air transport sectorRegulation of Infrastructure• Airport charges • Slot allocation • Ground handling • Passengers with reduced mobility (PRM)Private Air Law – Liability• The international liability regime: from Warsaw to Montreal Historical background: Warsaw 1929 to Montreal 1999 Scope of Application • Liability for death and personal injury under the Montreal Convention The definition of accident Embarkation/Disembarkation Defining the carrier and its agents • Cargo and baggage Conditions of liability: documentary requirements, burden of proof Carrier defences • Cancellation, Overbooking and Delay Delay under the Montreal Convention European passenger protection: EU Regulation 261 | |||||||||||||||||||||||||||||||||||||||||
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Other Resources None | |||||||||||||||||||||||||||||||||||||||||
Programme or List of Programmes
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