Training Course: Aviation Law

Training Course: Aviation Law Objectives: The objectives of the course include as follows:  To have a brief overview of the aviation policy and attain an introduction into all major aspects of aviation law regulating the aviation industry  To understand the importance of the Chicago Convention vis-a-vis public international air law  To understand the general concept of the legal institutional framework of international air law regimes vis-a-vis the role and function of principal organizations involved in the regulation of the industry  To develop the skill of analyzing the impact of private international air law instruments in the air transport  To identify with the contract law, such as international air law and interline agreements between airlines

Session Main Topics Sub Topics  The Chicago Convention 1944 along with the general view of Annexes  Sovereignty versus Freedoms of the air  State’s Obligation  Aviation Security Regime: National Measures adopted by the State vis-à-vis Concept & International Measures initiated by ICAO & UNO Session- Fundamentals  Aviation Safety Regime: Personnel Licensing- 1 Public International Crew and other safety related personnel licensing, Air Law Aircraft Certification-Aircraft Registration, Aircraft Airworthiness and Air Carrier Certification (Type certification, AOC & other operator responsibilities).  Multilateral agreements & The Bilaterals on the liberalization of international air transportation –The issue of control and ownership and the Open sky agreements Liability Regime Private Session- Operator/Owner’s Liability: International Air 2  Air Carrier Liability or the Aircraft Operator’s Liability Law  Airport Operator’s Liability, etc  Airlines and the regulator’s property insurance- aircraft and other property insurance Session- Aviation Insurance  Liability Insurance 3  Personal Insurance or employee insurance-crew and other staff insurance Session- Air carrier's liability  Int'l Air Law Instruments on Air carrier's liability- 4 and Air Carriage Warsaw/Montreal Convention contracts and  Air Carriage Contracts & Other Airlines Commercial Dealings: commercial dealings (Passenger Contract of Carriage, Franchise Agreements, Interline Agreements; Aircraft Sales, Acquisition & Financing; Maintenance and Catering Agreements; Ground Handling Agreements; Catering and Outsourcing Agreements) National Bodies  Legislative, Policy Making and Regulation involved in the  Fair and proper administration of laws with different Aviation Industry of judicial measures: Session- Nepal in Legislative,  MOTCA 5  CAAN Policy Making and  Nepal Police Authority Regulation and the  Attorney judicial measures.  Court Recent Development and International Safety culture-SMS & SSP Programme, International concern Trends in the for the compliance of the standards, desirous of harmonization, Aviation Law convergence and standardization and the law enforcement - Session- Universalization of USOAP Audit Programme, as a part of international regime 6 aviation law & Keen to high standard of liability limit so as to make the application of aviation reliable industry as that of global Standard. general principles of law, such as jus cogens and preemptory norms  Rule of Law: Assisting through the Empowerment of the aviation institution in the law enforcement and maintaining Role of lawyers and rule of law in the aviation domain Session- the entities in the 7  Lawyers, Court, Local Authority and other international law enforcement entities such as UNO, ICAO, COASCA-SA, World Bank, ADB are as the assisting agents in the protection and development of aviation law.  Meaning of aerial piracy /unlawful seizure of Aircraft Session- Hijacking  8 Tokyo convention  Hague convention A lawyer needs the skills to develop are analysis skill, investigative skill, drafting skill, negotiation skill, public- speaking skill, writing skill and the ability to multi-task. Analyzing the case should take the following steps:  Defining the issue(s) Session- Case Analysis and  Analyzing the case data 9 the skill  Generating alternatives  Selecting decision criteria  Analyzing and evaluating alternatives  Selecting the preferred alternative  Developing an action/implementation plan References Books Bryan A. Garner, Black's Law Dictionary,7th edition, (1999) EU-South Asia Civil Aviation Project 0S1-4, Aerospace and Defence Industries Association of Europe Shawcross and Beaumont, Air Law, London: Butterworth & Co. Ltd.. (1982) Paul Oliver, Marine & Aviation Insurance: Study Course 051 The CII Tuition Service, Burlington Press Ltd. Foxton, Cambridge, (1990) And the net assistance.

Int'l Cases Alaskan Oil, Inc. v. Central Flying Services Inc. Turbines, Inc. v. Drdis Prompt Air, Inc. v. Firewall Forward Inc. National Cases

Liability- Drona Shumsher J.B.R. Vs. Indian Airlines Corporation Dhana Maya Tamang Vs. Saudi Arabian Airlines Nirajan Koirala, et. al. vs. Thai Airways International No. 9616598, Bir Maya Gurung Vs. Saudi Arabian Airlines, et. al. etc. Bir Bahadur Bhusal v. Thai Airways Int'l Pub. Ltd. (Baggage Liability)

AOC- CAAN, et. al. v Cosmic Air P Ltd. " CAAN, et. al. v Dorn Air P Ltd. " CAAN, et. al. v Alpine Air P Ltd. " CAAN, et. al. v Air Nepal Int'l P Ltd. " CAAN, et. al. v Mero Air P Ltd. Crew Licensing- CAAN, et. al. v Sita Air P Ltd. " - CAAN, et. al. v Shekhar Rijal " - CAAN, et. al. v Dilip Giri Air Fare- CAAN, et. al. v Bisnu Prasad Tinsina Registration and Conveyance of Aircrat- CAAN, et. al. v Dorn Air P Ltd. Specific Performance (hanger)- CAAN v Avia Club 5th Freedom Traffic Right- CAAN, et. al. v Daya Ram Humagain Hull War Risk Insurance - CAAN, et. al. v Tashi Sherpa

G. Table of Legislations Civil Aviation Act, 2015 (Amendment, 2053) Civil Aviation Authority of Nepal Act, 2053 Civil Aviation Rules, 2019 (Amendment, 2058) CAAN Civil Aviation Regulation, 2058 Civil Aviation (Investigation of Accident) Rules, 2024 Airport Charges Rules, 2067 CAAN Financial Administration Regulations, 2057 CAAN Employee's Facility, Service and Condition Regulations, 2056 Aviation Security (Management) Rules, 2046 The Aviation Policy, 2063 (2006). Designated Check Pilot (DCP) Manual Air Operator Certificate Requirements (AOCR) Nepalese Civil Airworthiness Requirements (NCAR) Flight Operations Requirements (FOR) Air Traffic Control Manual Search and Rescue Manual National Aviation Security Program Airport Emergency Plan (AEP) Flight Operation Inspector Manual (FOI) Airworthiness Inspector Manual Civil Aviation Medical Manual Ground Handling Directives AFIS (Aerodrome Flight Information Services) Manual Royal Nepal Airlines Corporation Act, 2019