Course Plan

SECTION I

Class 5th year BALLB/ BBALLB Semester 9th

Course title Aviation Law Course Code BAL/BBL9E5

Hours 60-80 Hours per week 5

Faculty name Dr.Kajori Bhatnagar Contact details kajori.bhatnagar@christuniversity.in

Class policies  All students must attend the class on time

and guidelines  Students have to carry related study materials which are suggested by the faculty
 Students must carry a separate notebook for the subject
 All University norms must be adhered to in the classroom
 Mobile phones shall be in switched off mode throughout class
 All assignments should be completed before due date
 All front seats must be occupied

 Course The primary focus of the course is to impart the concept and legal aspects relating to aviation laws at
Description international, national and municipal level. Aviation industry is growing fast globally. International and
national civil aviation sector is significant from legal and economic perspective. Aviation laws and air transport
are significant in the present and future centuries. Freedom of air space and sovereignty are two disputed
aspects in the international aviation sector. Aviation criminal law, aviation labor law, aviation insurance,
aviation business, aviation medical cases, dispute settlement, liability and insurance are some of the major legal
issues relating to the aviation sector. There are international, national and municipal laws which regulate the
aviation sector.

The growing commercial infrastructure together with economic development of nations forms the back-bone of
aviation industry. This is very significant from both managerial as well as legal perspectives.

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 The escalating growth in the aviation industry with added commercialization of aero-space technologies has
evolved the demand for thousands of skilled individuals to meet the requirements of managing the legal
complexities that arises from high-value transactions.

On completion of unit 1 students will be able to connect the core concepts involved in the development and
evolution of the aviation law. On completion of unit 2 students will be able to appraise the legal framework
associated with aviation law. In unit 3 students will be able to understand the airport laws. Unit 4 students
apprises the students with impact of aviation strategies on environment. Finally, in unit 5 students will be
imparted with the nuances of dispute settlement in realm of aviation law.

 Course  To interpret the origin and development of aviation laws

Objectives  To apprise the students with the development of aviation laws at international and national level and
the fundamental principles applied.
 To develop an understanding on airport laws and also the implications of aviation laws on the
environmental values by analyzing national and international laws in this respect.
 To acquaint about the dispute settlement mechanism under the aviation laws.
 To examine policies pertaining to existing and emerging legal issues relating to aviation sector.

   To explain the historical development of aviation laws in international and national perspectives
 Course  To evaluate the fundamental principles of aviation law.
Outcomes  To analyze the developing areas of aviation law.
 To interpret and infer airport laws in consonance with the national and local needs.
 To critically analyze aviation law and its implications on environmental values applicable both at
national and international levels. This would be in consonance with the sustainable development goal
15.
 To examine the dispute settlement mechanism in aviation laws and be able to suggest solutions for
aviation disputes.

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 SECTION II
Unit Unit details Week No. of Pedagogy (teaching Resource/ Reference details
hours learning methods
per used)/ activities and or
week class trips/ dates for
assessment

1. OVERVIEW AND July 5 Lecture/Power Point SUGGESTED READINGS:

DEVELOPMENT OF 11 to Presentation 1. Sairam Bhatt, Aviation Environment and World Order,
AVIATION LAW July 24 APH Publishing Cooperation, New Delhi, 2013.
Origin and development 2. Rodney D. Ryder, Aviation Law, Bloomsbury, New
of aviation laws, impact of Delhi, 2019
world wars, development 3. Jiefang Huang, Aviation Safety through the Rule of
of international aviation Law – ICAO’s Mechanisms and Practices – Aviation
laws, boundaries of air Law and Policy Series, Kluwer Law International,
space and outer space, Wolters Kluwer, The Netherlands, 2009
aircraft financing (Cape 4. Steven Truxal, economic and Environmental
Town Convention and its Regulations of International Aviation – From
Protocol, Aircraft International to Global Governance, Routledge
Protocol, financing of Research in International Commercial Law, Oxon and
aircraft engine,, medical New York, 2017.
certification, aviation 5. Michael W. Pearson, Daniel S. Riley, Foundations of
accident law, aviation Aviation Law, Ashgate, England and USA, 2015.
criminal law (Crimes on 6. Brian F. Havel and Gabriel S. Sanchez, The Principles
board on aircrafts, and Practice of International Aviation Law, Cambridge
Hijacking, cases analysis University Press, 2014
(cases on hijacking, 7. https://www.researchgate.net/publication/
Lockerbie case), aviation 348062074_INTERNATIONAL_AVIATIONAIRSPACE
labour law, aviation _LAW_AN_OVERVIEW/link/
insurance, aviation
5ff44ba4299bf140887084e2/download
business, aviation medical
cases 8. https://cbr.cba.org/index.php/cbr/article/
download/2907/2900/2907
9. https://www.youtube.com/watp6HEbDdskLM

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2. FUNDAMENTAL July 25 5 Lecture/Power Point SUGGESTED READINGS:
PRINCIPLES AND to Presentation 1. Sairam Bhatt, Aviation Environment and World Order,
LEGAL REGIME: August APH Publishing Cooperation, New Delhi, 2013.
AVIATION LAW 13 2. Rodney D. Ryder, Aviation Law, Bloomsbury, New
Aviation regulation, Delhi, 2019
enforcement action, 3. Jiefang Huang, Aviation Safety through the Rule of
Hague Convention, 1970 Law – ICAO’s Mechanisms and Practices – Aviation
(Anti-Hijacking Law and Policy Series, Kluwer Law International,
Convention), Beijing Wolters Kluwer, The Netherlands, 2009
Protocol to Hague 4. Steven Truxal, economic and Environmental
Convention, 2010, Beijing Regulations of International Aviation – From
Convention, 2010, International to Global Governance, Routledge
Montreal Convention, Research in International Commercial Law, Oxon and
Chicago Convention and New York, 2017.
Fundamental Principles, 5. Michael W. Pearson, Daniel S. Riley, Foundations of
Tokyo Convention, 1963, Aviation Law, Ashgate, England and USA, 2015.
Protocol amending Tokyo 6. Brian F. Havel and Gabriel S. Sanchez, The Principles
Convention, different and Practice of International Aviation Law, Cambridge
types of aircrafts (civil University Press, 2014
and state), Aircraft Act, 7. https://iclg.com/practice-areas/aviation-laws-and-
1934, Carriage by Air Ac, regulations/india
1972, Anti-Hijacking Act, 8. https://www.civilaviation.gov.in/en/ministry-
2016,
documents/acts

3. AIRPORT LAWS August 5 Guest Lecture/ SUGGESTED READINGS:

Airport zoning and noise, 16 to Lectures/ 1. Sairam Bhatt, Aviation Environment and World Order,
airport ownership and August APH Publishing Cooperation, New Delhi, 2013.
31
Power Point
operation, airport 2. Rodney D. Ryder, Aviation Law, Bloomsbury, New
development and Presentation Delhi, 2019
funding, ICAO, air 3. Jiefang Huang, Aviation Safety through the Rule of
navigation, international Law – ICAO’s Mechanisms and Practices – Aviation
air transport, civil Law and Policy Series, Kluwer Law International,
aviation – director Wolters Kluwer, The Netherlands, 2009
general, Airport 4. Steven Truxal, economic and Environmental
Authority of India, Regulations of International Aviation – From
Airport Economic International to Global Governance, Routledge

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 Regulatory Authority, Research in International Commercial Law, Oxon and
Bureau of Civil Aviation New York, 2017.
Security, International Air 5. Michael W. Pearson, Daniel S. Riley, Foundations of
Services and Transit and Aviation Law, Ashgate, England and USA, 2015.
Transport Agreements, 6. Brian F. Havel and Gabriel S. Sanchez, The Principles
national aviation laws, and Practice of International Aviation Law, Cambridge
comparative analysis, University Press, 2014
Aircraft Act, 1934, Aircraft 7. https://kaplegal.com/upload/pdf/Regulatory
Act, 1994, Civil Aviation %20Framework%20in%20Indian
Requirements, Carriage %20airports.pdfhttps://www.civilaviation.gov.in/
by Air Act, 1972, Aircraft
en/ministry-documents/acts
(Carriage of Dangerous
Goods) Rules, 2003, Air 8. http://nalsarpro.org/Portals/23/Courses/MA%20-
Corporations Act, 1953, %20ALATM/SEM%20II-PPTS-2018-19/Day4-3-
Airports Authority of Domestic%20Air%20Laws%20in%20India-An
India Act, 1994 and Rules, %20Overview-Balakista%20Reddy-25-03-19.pdf.
Anti-Hijacking Act, 1982,
Suppression of Unlawful
Acts against Safety of
Civil Aviation Act, 1982,
Airports Economic
Regulatory Authority of
India Act,2008.

4. AVIATION AND 1 5 Structured Lecture and SUGGESTED READINGS:

ENVIRONMENTAL Septem discussion on the 1. Sairam Bhatt, Aviation Environment and World Order,
LAW articles shared in the APH Publishing Cooperation, New Delhi, 2013.
ber to class / Power Point
Economic considerations, 2. Rodney D. Ryder, Aviation Law, Bloomsbury, New
problems and impact of 30 Presentation Delhi, 2019
air activities on Septem 3. Jiefang Huang, Aviation Safety through the Rule of
environment, objectives of ber Law – ICAO’s Mechanisms and Practices – Aviation
legal control of Law and Policy Series, Kluwer Law International,
environment, nature of Wolters Kluwer, The Netherlands, 2009
aviation activities in 4. Steven Truxal, economic and Environmental
subsonic and supersonic Regulations of International Aviation – From

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 era, international action International to Global Governance, Routledge
and legal efforts, Research in International Commercial Law, Oxon and
International Civil New York, 2017.
Aviation, global public 5. Michael W. Pearson, Daniel S. Riley, Foundations of
good, globalization, EU Aviation Law, Ashgate, England and USA, 2015.
emission trading system 6. Brian F. Havel and Gabriel S. Sanchez, The Principles
and Practice of International Aviation Law, Cambridge
University Press, 2014
7. https://www.icao.int/environmental-protection.
8. https://www.unitingaviation.com/wp-content/
uploads/2018/07/Aviation-And-The-
Environment.pdf.
9. https://www.mcgill.ca/iasl/files/iasl/aspl-633-
m119_3-paul-dempsey.pdf
10. https://www.mondaq.com/india/aviation/847444/
national-green-aviation-policy-india39s-step-towards-
emission-cuts
11. https://cdn.cseindia.org/userfiles/aviation_paper.pdf

5. DISPUTE SETTLEMENT 1 5 Lecture/Discussion/ SUGGESTED READINGS:

IN AVIATION LAW October Power Point 1. Sairam Bhatt, Aviation Environment and World Order,
Airspace under state Presentation APH Publishing Cooperation, New Delhi, 2013.
to 30
territorial sovereignty, 2. Rodney D. Ryder, Aviation Law, Bloomsbury, New
Territorial jurisdiction, October Delhi, 2019
nationality of flight, 3. Jiefang Huang, Aviation Safety through the Rule of
freedom of the air, right Law – ICAO’s Mechanisms and Practices – Aviation
over flight, ICAO (ICAO Law and Policy Series, Kluwer Law International,
convention for Aerial Wolters Kluwer, The Netherlands, 2009
collision, decision making 4. Steven Truxal, economic and Environmental
in air traffic control), Regulations of International Aviation – From
principle of equality, air International to Global Governance, Routledge
safety (factors affecting air Research in International Commercial Law, Oxon and
safety, investigation of air New York, 2017.
accidents, safety from 5. Michael W. Pearson, Daniel S. Riley, Foundations of
military operations, Aviation Law, Ashgate, England and USA, 2015.

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 unlawful interferences), 6. Brian F. Havel and Gabriel S. Sanchez, The Principles
prohibited and restricted and Practice of International Aviation Law, Cambridge
areas, scheduled and non- University Press, 2014
scheduled traffics, 7. https://www.mcgill.ca/iasl/files/iasl/
bilateral agreements, occasional_paper_iv_settlement_of_disputes.pdf.
alternative measures
8. https://cdn.arbitration-icca.org/s3fs-public/
(Non-territorial
governance, subsidiary),
document/media_document/
Exculpatory Contracts, media1132021559836104-
Government Liability for dispute_settlement_in_air_space_and_telecommu
Aircraft Accidents. nication_law.pdf

SECTION III
Assessment outline:
CIA I- 20 marks - 10%
CIA II - Mid Semester Examination - 25%
CIA III – 20 marks - 10%  
Attendance - 05%
End semester examination – 100 marks - 50%
Mapping:  A template to map the Learning Outcomes of the course against the components of assessment is given below:

Components of assessment
Course Outcomes
CIA 1 Mid Semester CIA 3 End Semester

CO1 - To explain the historical development of aviation Yes Yes - -

laws in international and national perspectives

CO2 - To evaluate the fundamental principles of aviation Yes Yes - -

law.

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CO3 - To analyze the developing areas of aviation law. Yes Yes - -

CO4 - To interpret and infer airport laws in consonance Yes Yes Yes Yes
with the national and local needs.

CO5- To critically analyze aviation law and its Yes Yes Yes Yes
implications on environmental laws applicable both at
national and international levels.

CO6- To examine the dispute settlement mechanism in Yes Yes Yes Yes
aviation laws and be able to suggest solutions for
aviation disputes.

SECTION IV

CIA - I: Case Analysis (20 MARKS)

Assessment
Description

CIA -1 is a test based on class analysis for 20 marks. The students have the liberty to choose any case
Individual relating to topics discussed in Unit 1. The submissions have to typed in MS Word and uploaded in google
Assignment classroom. Plagiarism shall be less than 20%. Absentees will be viewed seriously. Students should inform
Details faculty beforehand in such cases or any repeat exams/ late submissions will be assessed only out of 15
marks.

Submission date:

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 At the end of this CIA students will be able to:
Learning  Infer the basic concepts of aviation law
outcomes:  Analyze the nuances of judicial interpretation on the topics relating to aviation law
 Infer the laws and precedents relating to aviation law

Evaluation Rubric/s:

5-4 4-3 3-2 2-1

Identification Absolute well versed in Well clear in concept Not well clear in Doubt in concept
of the concept concept concept
as discussed
in the case
Description Well described Adequately described Slight Weak Weak description
description
Analysis Properly analyzed the Analyzed the concept with Analysis is slight Analysis is weak
concept with sufficient insufficient justification week
justification
Comprehensio The structure of the case The structure is vague and does The analysis is The structure is poor,
n and analysis elucidates not comprehend the issue badly structured, incoherent and unclear
synthesis conceptual clarity and properly and is incoherent and the concepts
comprehends the issue in is not clear
the case coherently
Conclusion Conclusion provides Inference is provided but no Inference is Inference is irrelevant to
(Students’ inferences with strong justification incoherent and the case discussed
own argument in support of the irrelevant to the
inferences same case discussed
from the
arguments
and judgment)

CIA - 3

Assessment Description: Students will be assessed based on research skills and logical thinking while writing a research paper

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that would focus on the national and local significance of the topics chosen.

Individual Assignment Details: CIA III – RESEARCH PAPER.

Assignment Description:
For CIA-3(includes Facts, Issues, Related laws, Critical analysis with focus on international, national and local implications of the
topics discussed so far). It will be divided into two components.
COMPONENTS
1. Submission (softcopy 1000 words to 1500). It will be a group assignment and the students would have the liberty to form their
own groups. The permissible number of members is 3. In no situation would the number exceed the permissible limit. The paper
would be assessed jointly while the presentations would be marked on individual basis. The paper has to be typed.
Mode of citation: Bluebook 21st edition
Font: 12, times new roman
Foot note: 10
Highlight the headings

Evaluation Rubric/s of CIA 3

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CATEGORY 5-4 4-3 3-2 2-1
  Demonstrates a Thorough Incomplete Demonstrates no
thorough understanding of understanding of the understanding
Understandin understanding of the legal problem legal problem and of the legal problem and 2. Presen
g of the legal the legal problem but incomplete International Law international law tation
problem understanding of principles principles (5 to 7
International Law
principles
Identification Most effectively Identifies the basic Identification of legal Approach to the legal
and identifies the legal provision and provision and provision and principles
Application of correct legal law principles principles with generally and vague
relevant legal provisions and confusion or lacks
principles. law principles clarity.
Analysis and Organization is Organization is mostBasic organization is The work is unfocused
Structure of most cogent cogent transitions evident, transitions and poorly organized,
the paper transitions between facts, correct. But at times lacks logical and legal
(Research between facts, issues, law, and inconsistent or connection, inconsistent
Design and issues, law, and analysis most sources are not cited and distracting.
Research analysis most adequately with or not mentioned the
questions) adequately with consistent sources.
consistent appropriate format.
appropriate But few problems
format. with any of the
components or
sources are not cited
properly.
Findings and Strong findings Sufficient findings Findings with no No clear findings and
Conclusion with adequate but inadequate relevance with legal conclusion
justification and justification and provisions and
Conclusion Conclusion Conclusion
Minutes - 10Marks). The presentation would be in form of a group activity and could be audio-visual in form. Absentees who
will give prior information to the teacher regarding their absent, will be given assignment and assessed accordingly.

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CATEGORY 5-4 4-3 3-2 2-1
  Demonstrates a Thorough Incomplete Demonstrates no
thorough understanding of understanding of the understanding
Understandin understanding of the legal problem legal problem and of the legal problem and
g of the legal the legal problem but incomplete International Law international law
problem understanding of principles principles
International Law
principles
Presentation Good language Good language Good language skills Poor presentation
(Audio/Video skills and skills and and pronunciation
uploaded) pronunciation pronunciation are are used
are used used Delivery is clear but
Delivery is clear, Delivery is clear and no audio/visual aids
audio/visual aids audio/visual aids used
used used

Identification Most effectively Identifies the basic Identification of legal Approach to the legal
and identifies the legal provision and provision and provision and principles
Application correct legal law principles principles with generally and vague
of relevant provisions and confusion or lacks
legal law principles clarity.
principles.
Analysis and Organization is Organization is Basic organization is The work is unfocused
Structure of most cogent most cogent evident, transitions and poorly organized,
the paper transitions transitions between correct. But at times lacks logical and legal
(Research between facts, facts, issues, law, inconsistent or connection, inconsistent
Design and issues, law, and and analysis most sources are not cited and distracting.
Research analysis most adequately with or not mentioned the
questions) adequately with consistent sources.
consistent appropriate format.
appropriate But few problems
format. with any of the
components or
sources are not
cited properly.
Findings and Strong findings Sufficient findings Findings with no No clear findings and
Conclusion with adequate but inadequate relevance with legal conclusion
justification and justification and provisions and
Conclusion Conclusion Conclusion

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Learning Outcomes: After this assignment students will be able to:
1. Enhance legal research skills and logical thinking
2. Identify the issues based on facts in the case
3. Relate the principles of law and natural justice to come to logical conclusion
4. Critically analyze the precedents related to the case studies if discussed in the research paper
5. Examine the rationale of the new principle (if any) laid down by the court as discussed in the paper

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