Study-Unit Description

Study-Unit Description


CODE LAW4012

 
TITLE Principles of Law and Aviation Law

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 6

 
DEPARTMENT Faculty of Laws

 
DESCRIPTION The overarching aim of the study-unit will be to provide a good understanding of the fundamentals of air law. In this respect, the study-unit will focus on Public Air Law and Private Air Law; the former essentially incorporating the air law which applies to States, and the latter essentially incorporating the air law which applies to legal and private persons.

The study-unit covers:

- The concept of law; what is law and what is its importance;
- National Law vs. International Law; two strata of laws with two different scopes;
- The birth of Air Law; why and how it has come to exist;
- The distinction between Public Air Law and Private Air Law;
- The pillars of Public Air Law; including the Chicago Convention, the International Civil Aviation Organization (ICAO), bilateral air service agreements, deregulation and liberalization of air transport services, the rules pertaining to air traffic management and aviation safety, aviation security law, aircraft accident investigation; EU air law;
- The pillars of Private Air Law; including the Montreal and Warsaw Conventions on liability, third party liability, EU passenger protection, ATC liability, and aviation product liability.

Study-unit Aims:

This unit aims:
- To impart a basic yet thorough understanding of air law;
- To equip the students with an understanding of the rationale behind the law;
- To allow the students to view the rights and duties enshrined in the law clearly and without confusion; and consequently;
- To allow the students to apply their rights and carry out their duties as enshrined in the law.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- Have a solid understanding of the key issues of Public and Private Air Law;
- Know the most important legal regimes in both these branches of air law;
- Describe basic laws and regulations;
- Identify legal issues in practical case studies;
- To comprehend that air law plays an important role and to further comprehend that air law has implications on the aviation industry.

The overall desired outcome is to teach students how to dissect problems which may arise in their professional lives and apply basic legal theories thereto in order to obtain a way forward which is in line with the law.

Although the students will not become experts of the law, the desired outcome is to sculpt the students into professionals conversant in the law. This means that the desired outcome is to teach students how to analyse air law, at least at a rudimentary level, and how to intertwine it in their daily professional lives.

2. Skills
By the end of the study-unit the student will be able to:

- Know what is and is not allowed under Public and Private Air Law;
- Know where and when certain air law regimes apply;
- Know the implications of the various air law regimes.

Main Text/s and any supplementary readings:

Main texts:
- Mendes de Leon, Pablo. "Introduction to Air Law. Leon" (Netherlands: Kluwer, 2017).

Supplementary readings:
- A selection of articles from the following leading journals:
- Air and Space Law Journal (Kluwer);
- Journal of Air Law and Commerce (SMU);
- Annals of Air and Space Law (McGill);
- German Journal of Air and Space Law (Heymanns).

 
STUDY-UNIT TYPE Lecture, Ind Study & Ind Online Learning

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment 40%
Online Examination (2 Hours) 60%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit