The course in International Aviation Law examines the relevant principles and rules of international law that affect the use of air space and aeronautics. The course focuses on the major international aviation conventions and treaties and case law that govern the carriage by air of passengers, baggage and cargo. The course also considers the laws that establish liability in the event of an air 'accident' involving injury to passengers, or damage and loss of cargo or baggage. 

The course will provide lawyers, students at law and aviation professionals with the legal knowledge required to operate more effectively and with more confidence of the legal issues and consequences of their actions in the aviation industry or work within associated industry sectors.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Identify, analyse and explain the relevant principles and rules of international law that affect the use of air space and aeronautics, including the major international conventions and case law that govern the carriage by air of passengers, baggage and cargo;
2. Explain, critically analyse and demonstrate the importance of the Chicago Convention and its relation to public international air law;
3. Identify, critically examine and apply the concepts and conditions of code sharing and code share agreements and articulate the issues arising from existing international arrangements and evaluate proposals for change;
4. Demonstrate, through critical analysis and examination, the ability to apply appropriate principles and rules to scenarios involving aviation accidents;
5. Identify, critically evaluate and apply principles and rules to make a determination in respect to liability in the event of an air accident involving injury to passengers, or damage and loss of cargo or baggage; and
6. Demonstrate, at masters level, the ability to plan and execute a research project applying legal research principles and methodologies through critical, detailed analysis of the relevant conventions and domestic legislation and leading cases from the major common law jurisdictions in complex situations affected by international air laws.

Research-Led Teaching

A distinctive feature of the research in this course is the ability for the student to identify (subject to lecturer approval) and research a published judicial judgment relating to an aviation matter. This provides an opportunity for the student to select a case that has particular interest to the student in terms of area of research interest in aviation law or an area which relates to the nature of their (aviation) work environment.

Required Resources

An E-brick will be available on the Wattle site.

Recommended Resources

The prescribed text for this course is:

• Bartsch R I C, International Aviation Law (2nd ed) Routledge, Surrey, England, 2018

 

The reference text for this course are:

• Bartsch R I C, Aviation Law in Australia (5th ed), Thomson Reuters, Sydney, 2019
• Rothwell & Crawford, International Law in Australia, (3rd ed), Thomson Reuters, Sydney, 2017

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Word length and excess word penalties: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Further information about the course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	The course will run over 5 weeks from Monday 27 July 2020 with two topics covered each week. Pre-reading as suggested. Topic 1: Introduction to International Aviation Law
2	The Regulation of Aviation
3	Public & Private International Law
4	Airspace
5	Commercial law
6	Carriage by Air
7	Judicial decisions on the Montreal Convention
8	Airline-airport operations and maintenance organisations
9	Aviation security
10	Air Traffic management

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Participation	10 %	*	30/08/2020	1,2,3,4
Individual Case Review and Class Presentation	20 %	24/08/2020	30/08/2020	2,4,5
Written Assessment	70 %	21/09/2020	04/10/2020	1,2,6

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in intensive mode, the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the graduate program and students are required to attend ALL classes (and all of each class).

In exceptional circumstances, a student may be granted permission by the Course Convenor, in consultation with the Stream Convenor or Director, LLM Program, to miss some classes, provided:

a.      it does not exceed a maximum of 25% of the classes;

b.      permission is requested in advance; and

c.       the request is supported, where appropriate, by adequate documentation.

Failure to comply with this policy may result in a student receiving the grade of NCN (non-complete fail). The normal pressures of work or planned personal trips do not constitute exceptional circumstances to justify an exemption from full compliance of this policy.

Assessment Task 1

Online Participation

Assessment Criteria: based on the value of contribution rather than the volume of contribution. An average of a quality fortnightly contribution would be considered reasonable. Criteria for this assessment will be related to the following:

1. Familiarity and competency in the interpretation of legal principles and/or legal precedent
2. Use and familiarity of legal terminology
3. Logical and cohesive discussion, comment, argument and construction and application of the law to online discussion topics
4. Conclusion and reasons for opinion, point of view and/or decisions etc.

Assessment Task 2

Individual Case Review and Class Presentation

Task: Students must identify a legal case (either a court judgment or tribunal decision) that satisfies the following criteria. The case:

1. must relate to an international aviation law matter
2. must be a judgment or decision of a court, tribunal or coronial inquiry
3. must be approved by the lecturer before 9th  August 2020.

 

For each approved case the following information must be provided within the written submission for the case summary/overview:

1. full citation of the case (1 mark)
2. court/tribunal or coronial which made the judgment/decision/inquiry (1 mark)
3. date(s) and location of the hearing or trial (1 mark)
4. judge(s), tribunal members or coroners involved in the matter (1 mark)
5. legal representation (if any) of all the parties to the matter (1 mark)
6. Facts – a summary or all the relevant facts of the case (5 marks)
7. Legal issues – a summary of the nature of the proceedings, previous hearings in this matter (if any) and all the main legal issues raised by the parties in this matter (20 marks)
8. Decision – a summary of the decision and reasons for the decision including any orders or awards made in the decision (10 marks)

Length: Maximum of 1500 words.

Due: 5pm Monday 24 August 2020. Late submissions without an extension are permitted, although late penalties will apply. All assignments are due on this date.

Assessment criteria: Assessment and weighing of case review will be as allocated in the above 8 points with a focus on the appropriate use and application of legal terminology and correct referencing and citation of the case selected.

Assessment Task 3

Written Assessment

Task: The written assignment relates to a contemporary legal issue within an aviation-related context.

Release: Students will have a selection of topics for the assignment. The assignment topics will be released via Wattle by Sunday 16 August 2020.

Due: 5pm Monday 21 September. Late submissions without an extension are permitted, although late penalties will apply.

Length: 4500 words.

Assessment Criteria:

a)     Understanding of the law and relevant issues (30%)

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively
• outline of the legal concepts and identify relevant law from both case law and legislation

b)     Communication & Development of Argument (20%)

• discuss application of the law and analysis of the law to a particular scenario provided
• clear theme or argument, ideally outlined at the beginning of the piece and running throughout
• arguments logical and well-organised in support of the clear theme or argument
• ideas/paragraphs linked coherently in support of the clear theme or argument

c)     Argument/Analysis (40%)

• analyse the findings and come up with a conclusion and detailed reasons for decision
• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• addressing opposing arguments

d)     Presentation, style and referencing (10%)

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit
• adherence to principles of academic honesty and academic integrity

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students