Aviation Law.docx

Format No. QSP/7.1/01.F01 (C) Issue No.05 Rev. No 6 Dated: Jan 2, 2019

UNIVERSITY OF PETROLEUM & ENERGY STUDIES School of Law Dehradun COURSE PLAN Programme :

BA LLB (Hons.) Energy Law 2016 and BA LLB

(Hons.) Criminal/Constitutional/Labor Law 2016 Course

:

Aviation Law

Semester

:

VI

Session

:

Jan -May, 2019

Batch

:

2016 -21

Subject Code :

LLBL 407

No. of credits :

2

Prepared by :

Dharmita Prasad

Email

[email protected]

:

Approved By

_______________________ HOD

UPES Campus “Knowledge Acres” ,Kandoli P.O. Bidholi, Via Prem Nagar Dehradun -248 007 (U K)

_______________________ Dean

Tel : +91-135-2770137 Fax : +91 135- 27760904 Website : www.upes.ac.in

COURSE PLAN Subject:

Aviation law

Duration: January- May, 2019

Course: BA LLB (Hons.) Energy Law 2016 and BA LLB (Hons.) Criminal/Constitutional/Labor Law 2016 Subject code:

LLBL 407

A. OBJECTIVES: 1. The objective of this course is to walk the undergraduate law student through the various International conventions that effect Aviation law a subject which is basically transnational requiring cooperation on a global level. 2. The liability of the carrier under the Warsaw system, Product liability in Aviation, Air navigation, automation and airworthiness, surface damage and collisions , Insurance , Rights in Aircraft, Assistance and salvage and the penal law are covered in continuation of the provisions of various conventions, ICAO et al and its practical application 3. The aviation law as in the Aircraft Act of 1934 and the Air corporations (Transfer of undertakings and Repeal) Act 1994 are covered taking the law governing the country.

Outcomes:1. Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats. 2. Understand international and domestic laws governing civil aviation applicable as between sovereign States.

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Jan-May, 2019

Program Outcomes(POs)

Course Outcomes (COs)

Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.

Understand international and domestic laws governing civil aviation applicable as between sovereign States.

Students will demonstrate conceptual knowledge in core areas of law.

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Students will effectively apply their learnings to practical legal issues. Students will be able to exhibit effective law professional skills, employing oral and written communication, legal research, analysis, rationalization and critical-thinking.

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Students will demonstrate ability to evolve alternative solutions from dynamic socio-economic and technolegal perspectives. Students will demonstrate desirable qualities to be employable in the relevant market. Students will show sensitivity towards ethical, moral and social issues arising in their professional career.

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Students will exhibit commitment, teambuilding, networking, leadership and lifelong learning skills to excel in legal world.

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Program Specific Course Outcomes Outcomes (PSOs) for (COs) B.A., LL.B. (Hons.) Energy Law

Students will be demonstrate knowledge in core social sciences. Students will be demonstrate knowledge of legal and social sciences.

Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.

Understand international and domestic laws governing civil aviation applicable as between sovereign States.

able to conceptual areas of able to integrated principles

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Students will be able to exhibit skills in practices and procedures of Energy Law.

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Program Specific Course Outcomes Outcomes (PSOs) for (COs) B.A., LL.B. (Hons.) Criminal Law

Students will be able to demonstrate conceptual knowledge in core areas of social sciences. Students will be able to demonstrate integrated knowledge of legal principles and social sciences. Students will be able to exhibit skills in practices and procedures of Criminal Law. School Of Law

Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.

Understand international and domestic laws governing civil aviation applicable as between sovereign States.

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Jan-May, 2019

Program Specific Course Outcomes (PSOs) for Outcomes B.A., LL.B. (Hons.) (COs) Labour Law

Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.

Understand international and domestic laws governing civil aviation applicable as between sovereign States.

Students will be able to demonstrate conceptual knowledge in core areas of social sciences. Students will be able to demonstrate integrated knowledge of legal principles and social sciences.

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Students will be able to exhibit skills in practices and procedures of Labour Law.

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Program Specific Course Outcomes(PSOs)for Outcomes B.A., LL.B. (Hons.) (COs) Constitutional Law

Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.

Understand international and domestic laws governing civil aviation applicable as between sovereign States.

Students will be able to demonstrate conceptual knowledge in core areas of social sciences. Students will be able to demonstrate integrated knowledge of legal principles and social sciences.

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Students will be able to exhibit skills in practices and procedures of Constitutional Law.

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School Of Law

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Jan-May, 2019

Course Outcomes(COs)

Continuous evaluation Tools

Continuous evaluation Tool -1 Assignment

Develop a comprehensive idea of the Aviation industry sector both from ground infrastructure to flight and air navigation, design of aircraft and other practical maintenance issues and formats.

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Understand international and domestic  laws governing civil aviation applicable as between sovereign States.

Continuous evaluation Tool -2 Project Work

Continuous evaluation Tool -3 Subject Grand Viva

Continuous evaluation Tool-4 Attendance

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B. COURSE OUTLINE It has 11 modules which are as follows: MODULE I: History and Development of Aviation Law Introduction History and Evolution of Aviation law Sources of Aviation Law Principal organizations in Aviation MODULE II: CHICAGO CONVENTION The Chicago Convention

MODULE III: REGULATORY FRAMEWORK Aircraft Act of 1934 Air corporations (Transfer of undertakings and Repeal) Act 1994 DGCA Director General of Civil Aviation Airports Authority of India Government of India Ministry of Civil Aviation MODULE IV: THE LIABILITY OF THE CARRIER School Of Law

Jan-May, 2019

The Warsaw system The Hague protocol The Guadalajara Convention The Montreal Convention MODULE V: PRODUCT LIABILITY

AIR NAVIGATION AUTOMATION & AIRWORTHINESS Aircraft Handling Air traffic Control Aircraft design and Maintenance Passenger Handling Cargo handling MODULE VI: SURFACE DAMAGE AND COLLISION Damage to third parties Air Collisions Aircraft design and Maintenance Passenger Handling Cargo handling MODULE VII: INSURANCE Risk evaluation Insurance Hijacking MODULE VIII: RIGHTS IN THE AIRCRAFT Precautionary attachment of Aircraft International recognition of “Rights in the Aircraft” Leasing MODULE IX: ASSISTANCE AND SALVAGE Search and rescue Financial aspects

MODULE X: PENAL LAW AND AVIATION Tokyo convention Financial aspects School Of Law

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Hague Convention Montreal Convention

MODULE XI: OPEN SKIES POLICY C.PEDAGOGY Interactive approach during the study. (Students are supposed to come prepared for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce), randomly any student can be called on the board to solve the problems. Work in small groups for Group Projects and personalized teaching (Student counseling, mentoring and individual/group projects/ assignments, exercises using Solver and excel etc.)          

Presentations (Paper/Group Project) Case Study Group Projects (may include practical assignments) Chalk and talk Random Questioning Reflections Course room exercise Case Analysis Lecture Methods Socratic Methods

D. COURSE COMPLETION PLAN Sessions: 24 (lectures of 1 hour each) for a 2 credit course. Total hours per week: 2 lecture hours per week and additional one hour tutorial classes per week for week and advance learners and for assessment purposes). E. EVALUATION & GRADING Description 1.

Continuous Assessment

Weight age

Schedule

30%

Detailed Below

2. Mid term Exam

20%

Academic Calendar

3.

50%

Academic Calendar

End term Exam

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Jan-May, 2019

Internal Assessment: Marks 100 (shall be done based on the following 4 components): Description Hand written Assignment Project Work (With Viva) Subject Grand Viva Attendance

Weight age 20% 40% 20% 20%

Schedule 28th February, 2019 22nd March, 2019 22-26th April, 2019

Four components will be used for internal assessment for this course (Total 100 marks), the details of each component is as follows: a) Home Assignment: It must be hand written, to be submitted on a due date. Individual Viva-voce will be conducted on the assignment. b) Projects Work: Project Topics covering entire syllabus and emerging areas with allotments. Students are also required to give a viva on a scheduled date (would be communicated in the class). c) Subject Grand Viva: At least 6 questions from each student, the questions will cover the entire syllabus as taught in the class. d) Attendance ( As per the defined and specified parameters) Formula for attendance marks:  67-75 % 0 Marks  76-80% 5 Marks  81-85% 10 Marks  86-90% 15 Marks  91%-100%20 Marks Mid- Sem Examination: 20% Weightage Mid- Sem examination shall be of one hour duration based on multiple choice question based system conducted on black board.(paper less). End -Sem Examination: 50% Weightage End-Sem examination shall be of three hours duration. The examination paper shall have 4 Sections  Section A-Objective type / Short Answer type memory based general questions (2 to 5 questions) -10 marks.  Section B-Short answer type Conceptual questions (2 to 5 questions) -20 marks.  Section C-Analytical & Comparative questions (2 to 4 questions) -20 marks.  Section D-Application based Case study (2 to 5 questions) -50 marks. School Of Law

Jan-May, 2019

Passing Criteria Since the batch size is more than 30, the grading will be done based on Relative Grading System • For UG-Students: Scoring less than 35 absolute marks in individual course either in end semester examination or as composite score shall be awarded as ‘F’ • For UG: Students scoring 85 marks and above as composite score (IA+MS+ES) shall be awarded as the highest grade as ‘O’ i.e., Outstanding (on 10 point Scale) and ‘A’ i.e., Outstanding (on 4 point Scale)

Attendance Students are required to have minimum attendance of 75% in each subject. Students with less than said percentage shall NOT be allowed to appear in the end semester examination. The student obtaining 100% attendance would be given 5% bonus marks for internal assessment. Cell Phones and other Electronic Communication Devices: Cell phones and other electronic communication devices (such as iPhone /Laptops) are not permitted in classes during Tests or the Mid/Final Examination. Such devices MUST be turned off in the class room. E-Mail, CELCAT &Blackboard: Each student in the class should have an e-mail id and a pass word to access the blackboard / CELCAT system regularly. Regularly, important information – Date of conducting class tests, guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail/ blackboard. The best way to arrange meetings with us or ask specific questions is by email and prior appointment. All the assignments preferably should be uploaded on blackboard. Various research papers/reference material will be mailed/uploaded on blackboard time to time. F. DETAILED SESSION PLAN

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Jan-May, 2019

SESSIO NS

TOPIC

READINGS



MODULE I:

1, 2, 3

3,4

HISTORY AND DEVELOPMEN lecture 1: Power point T OF Pages 1 to 12 of Book 1 AVIATION LAW

MODULE II: CHICAGO CONVENTION

PEDAGOGY

lecture 2: Power point Pages 13 to 64 of Book 1

SIMULATED CASE STUDY: Unit 5 page 47 of Book 1

   

Chalk & Talk Examples Discussion PPT Presentation Random questions

    

Whiteboard Examples Discussion Presentation Reflections

  

Whiteboard Discussion Case let

Aircraft Act of 1934 Air corporations (Transfer of undertakings and Repeal ) Act 1994 DGCA Director General of Civil Aviation Airports Authority of India Government of India Ministry of Civil Aviation

lecture 3: Power point 5,6,7,8, 9, 10

MODULE III: REGULATORY FRAMEWORK

Pages 117 to 163 of Book 2 CASE LAW: Chairman & Managing director, Indian Airlines v Binod Kumar Sinha (2001) 8 SCC 722 Air India v. Union of India (1995) 4 SCC 734 Air India cabin crew Assn v. Yeshawinee Merchant, 2003 6 SCC 277 Dum Dum Municipality \commr of \ Dum

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Jan-May, 2019

Dum v. Indian tourism development Corp 1995 5 SCC 251 Jagdish Yadav v. Union of India ( 30/05/2003), 2003 DLT 359 2006 (6) AD (Delhi) 127 [S.K.Mahajan] British Airways Plc v. Union of India (2002) 2 SCC 95 Ramnath exports private Ltd v. Chairman of Air India (19/05/2002), 2003 AIR (Del) 461: 2003 (105) DLT 341: 2003(6) AD (Delhi) 281 [J.D.Kapoort] Mansoor Mumtaz v. Saudi Arabian airlines Corp ( 23/07/2001), 2002 AIR (Del) 103 (V.S. Aggarwal J

A.K.Sharma v. Director General of Aviation [DB] (18/04/2002) AIR ( Del) 357: 2012 (98) DLT 738 [Anil Dev Singh, J Madan, B Lokur, J) S.E.B.I. (S) VERSUS SAHARA INDIA REAL ESTATE CORP. LTD. & ORS. Open link:

http://supremecourtofindia.nic.in/outtoda y/sahara-cc41212.pdf 2014 The Warsaw system The Hague protocol The Guadalajara Convention MODULE IV:

11,12

THE LIABILITY OF THE CARRIER

The Montreal Convention

 Lecture  Examples  Discussion  Presentation  Numerical problems

Lecture 7 Power Point Pages 101 to 179 of Book 1 SIMULATED CASE STUDY UNIT 10 of Book 1

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Crash worthiness/ Punitive damages/

Codification OF Product liability MODULE V:

PRODUCT LIABILITY

13,14,15

AIR NAVIGATION AUTOMATION & AIRWORTHIN ESS

Aircraft Handling Air traffic Control Aircraft design and Maintenance Passenger Handling Cargo handling

 Examples  Discussion  Reflections

Lecture 8 Power Point Pages 183 to 209 of Book 1 SIMULATED CASE STUDY UNIT 15 of Book 1

Damage to third parties Air Collisions Aircraft design and Maintenance MODULE VI:

16,17

SURFACE DAMAGE AND COLLISION

Passenger Handling Cargo handling

 Presentation  Examples  Discussion

Lecture 9 Power Point Pages 211 to 238 of Book 1 SIMULATED CASE STUDY UNIT 23 of Book 1

MODULE VII:

INSURANCE 18

Risk evaluation Insurance Hijacking

 Presentation  Discussion/ interactive

Lecture 10 Power Point Pages 243 to 254 of Book 1 SIMULATED CASE STUDY UNIT 23 School Of Law

Jan-May, 2019

of Book 1

Precautionary attachment of Aircraft International recognition of “Rights in the Aircraft” MODULE VIII:

19,20,21

RIGHTS IN THE AIRCRAFT

Leasing

Cape town convention

 Presentation  Discussion/ interactive

Lecture 11 Power Point Pages 255 to 278 of Book 1 CASE LAW: Marian Kozubski v. Aero transport Court of Haarlem ( Netherlands) 23rd March 2012

Search and rescue MODULE VIII:

20,21

ASSISTANCE AND SALVAGE

Financial aspects

Lecture 12Power Point

 Presentation  Discussion/ interactive

Pages 281 to 286 of Book 1 CASE LAW: Tokyo convention Financial aspects

22,23,24

MODULE IX: PENAL LAW AND AVIATION

Hague Convention Montreal Convention

Lecture 13 Power Point

 Presentation  Discussion/ interactive

Pages 289 to 308 of Book 1 CASE LAW: United states v. Cordova and Santono US district court Eastern district of New York 17th March 1950

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Jan-May, 2019

G. SUGGESTED READINGS: G :1 TEXTBOOKS: 1. An Introduction to Air law by Dr I.H. Pb Diederks- Verschoor, Kluwer law International (Hereinafter Book 1) 2. MDSA – 811D Aviation Law & Insurance (Hereinafter Book 2)

G : 2 REFERENCE BOOKS 1. Airforce act,1950 along with The Air Force Rules, 1969 Universal Bare act 2. Aircraft act 1934 Bare act 3. International Airport Authority Act [Act No.43 Of 1971] With Allied Acts] Bare act 4. Air Law and Policy in India S. Bhatt, VS Mani, V. Balakista Reddy Lancer Books 2008 G:3 JOURNALS/BUSINESS MAGAZINES: 

http://www.icao.int/Pages/default.aspx



http://www.dgca.nic.in/

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http://www.civilaviation.gov.in

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http://www.aai.aero/ation.nic.in

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http://www.iata.org

G:4 Suggested reading list of Articles by renowned authors/ Select Committee Reports/ White papers G: 5 Detailed CASE STUDIES (Complete Citation) Indian/Foreign Cases S.No. Title

Source

1.

Chairman & Managing director, Indian Airlines v Binod Kumar Sinha (2001) 8 SCC 722

2.

Air India v. Union of India (1995) 4 SCC 734

Book 2. Appointment of Air Taxi operators case Book 2. Transfer of services case

3.

Air India cabin crew Assn v. Yeshawinee Merchant, 2003 6 SCC 277

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Book 2. Retirement of Air hostesses case

Module No. III

Session No. 5

III

6

III

7

Jan-May, 2019

4

Dum Dum Municipality \commr of \ Dum Dum v. Indian tourism development Corp 1995 5 SCC 251

5

Jagdish Yadav v. Union of India ( 30/05/2003), 2003 DLT 359 2006 (6) AD (Delhi) 127 [S.K.Mahajan]

6

British Airways Plc v. Union of India (2002) 2 SCC 95

7

Geetha Jethani v. Airport Authority of India and Ors 2004 (3) CPJ 106 (National Consumer Disputes Redressal Commission). Ramnath exports private Ltd v. Chairman of Air India (19/05/2002), 2003 AIR (Del) 461: 2003 (105) DLT 341: 2003(6) AD (Delhi) 281 [J.D.Kapoort]

8

Book 2. Property tax by municipalities on Airports of India Book 2. Cancellation of Airport entry passes restricted. Book 2. Liability of storage in goods from Aircrafts Air Carrier Liability in India Book 2. Negligence of Air India – Failure to deliver consignment on time Book 2. Allotment for sale of Aviation Insurance at Palam & IGI Airports Tendering

III

8

III

8

IV

9

IV

10

V

11

VII

16

9

Mansoor Mumtaz v. Saudi Arabian airlines Corp ( 23/07/2001), 2002 AIR (Del) 103 (V.S. Aggarwal J)

10

A.K.Sharma v. Director General of Aviation [DB] (18/04/2002) AIR ( Del) 357: 2012 (98) DLT 738 [Anil Dev Singh, J Madan, B Lokur, J)

Book 2. Cancellation of permit for carrying on Aviation Business Constitution of India Art 226 – Natural justice requiring show cause notice

IX

22

11.

S.E.B.I. (S) VERSUS SAHARA INDIA REAL ESTATE CORP. LTD. &

http://supreme IX courtofindia.n

22

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ORS., 2014 (7) SCJ 402

ic.in/outtoday/ saharacc41212.pdf 2014

12.

G: 6 WEB SOURCES: http://www.law.georgetown.edu/library/research/guides/intlAntitrustLaw.cfm http://cci.gov.in/index.php?option=com_resrep&task=level&limit=10&limitstart=10 Database: Ebsco H. INSTRUCTIONS a) All students will be divided in groups comprising of 3 students in each. b) Students are expected to read the concerned session’s contents in advance before coming to the class. c) The session will be made interactive through active participation from students. The entire session will be conducted through question-answer, reflections, discussion, current practices, examples, problem solving activities and presentations etc. d) In the case study session all students are expected to prepare their analysis and answers/decisions in their respective groups. Any group may be asked to present their views and defend the same. e) All schedules/announcements must be strictly adhered to. f) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to appear for the viva and strictly appear on given time, otherwise, he/she will loose the marks. g) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

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Jan-May, 2019

Annexure-I

UPES SCHOOL OF LAW SEMESTER II SESSION: JAN- MAY 2019

PROJECT FOR BA LLB (Hons.) Energy Law 2016 and BA LLB (Hons.) Criminal/Constitutional/Labor Law 2016 LLBL 407

Under the Supervision of: (Name of Faculty)

NAME:

_______________________

SAP NO:

_______________________

ROLL NO:

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Jan-May, 2019

INSTRUCTIONS TO STUDENTS ON ASSIGNMENT SOLVING 1. All the questions of the assignment must be handwritten. 2. To answer your assignment questions you need to access multiple information sources like a. Your own prior experience. b. Regular reading of Books, Law Journals, magazines and News papers c. Reference Books d. Browsing the internet for latest updates. 3. Please remember that due to the dynamic and rapidly changing global legal environment and the continuously realigning geopolitical situation, your answers should capture and depict the current contemporary information. 4. As a student of Law, we encourage to have a contrary point of view. But do ensure that you can provide a logical justification to this view supported by verifiable facts, figures, statues and decided cases by various higher courts. 5. Caution: Remember to provide original answers only as your Assignment submissions will be run through an anti-plagiarism software (Turnitin).

Annexure-II GUIDELINES FOR PROJECT WORK The project will be completed as follows: 1. Abstract: One page in around 300 words It may be in 3 paragraphs a. Highlighting the topic b. Areas of concern and expected solution c. Scheme of research d. Key words 2. Submission of synopsis Synopsis should contain the following: a. Statement of the Problem b. Survey of the existing literature c. Identification of the issues d. Objective and scope of the research e. Research Methodology adopted f. Probable outcome School Of Law

Jan-May, 2019

g. Chapterisation 3. Submission of Final Project report after approval of synopsis. a. Excluding the Cover page, index page and bibliography the main write up should be around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor name, Student details etc. c. Students have to follow a uniform method of citation (the suggested method is Blue Book 20th Edition) and must mention the same in the research methodology). d. The main body of the project must contain- Introduction, different chapters, conclusion, recommendation, foot notes and required bibliography. 4. The project work shall a. Be focused on the problem b. Include current status of knowledge in the subject (literature review); c. Embody the result of studies carried out by him/her; d. Show evidence of the student’s capacity for critical examination and judgment; and e. Be satisfactory in presentation so far as language, style and form are concerned 5. The student shall indicate clearly and extensively in his/her project, the following: a. The source from which referred information is taken; b. The extent to which he/she has availed himself/herself of the work of others and the portion of the /project work he/she claims to be his/her original work; and c. Whether his/her project work has been conducted independently or in collaboration with others. 6. A certificate to the effect that the project work carried out by the student independently or in collaboration with other student(s) endorsed by the student shall form the part of the submission for evaluation. 7. Every student who spends a specified period of time in an industry/organization/institute for reasons of work related to his/her project work, with prior permission from the Coordinator concerned will explicitly acknowledge working in the relevant industry/organization/institute. 8. All projects submitted by the students will go through the process of plagiarism check through the anti-plagiarism software (Turnitin). The report produced by the software will necessarily be as per the standards prescribed by the university. If the report is below standards the supervisor will reject the project and award zero marks.

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Jan-May, 2019

CONTINOUS ASSESSMENT SHEET-January-May, 2019 Programme Name Faculty Name Subject Subject Code

Semester

Assignment

Enrl. No.

Subject Grand Viva

Attendance

20% weightage

20% weightage

22-26th April, 2019

As prescribed in the course plan

Name 20% weightage

28th February, 2019

School Of Law

Project Work (With Viva)

40% weightage

22nd March, 2019

Jan-May, 2019

Total 100 Marks