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Directorate of Distance Education NALSAR University of Law, Hyderabad Centre for Aerospace & Defence Laws (CADL) Directorate of Distance Education NALSAR University of Law, Hyderabad Course Material M.A. (AVIATION LAW AND AIR TRANSPORT MANAGEMENT) 1.1.1. General Principles of Law Compiled by: Prof. (Dr.) V. Balakista Reddy (For private circulation only) Page | 2 INTRODUCTION TO THE COURSE Why aviation law and air transport management course? The Indian Aviation Industry has shown tremendous growth potential in the past decade both in terms of volume as well as in quality of services rendered. With privatization of Indian Aviation Industry and introduction of government schemes like UDAN (Ude Desh ka Aam Nagrik) and NABH Nirman, the airlines have drastically expanded its domestic market and now India is seen as a major player in the Aviation market. The recent rapid growth of International civil Aviation sector within India and across the globe, coupled with usage of the best and the most innovative technologies, and its increasing contribution to the economic and infrastructural development of a country, makes this sector particularly important from both legal as well as management perspective. The scientific and technological developments in this field are so rapid that they have posed challenges to the legal fraternity. At present, the significance of air law and aerospace management needs no explanation due to the indispensable uses of airspace for the purposes ranging from commercial to military. The increasing volume of disputes in the field of aviation has also resulted in the manifold increase in the number of legal practitioners working in the field of aviation at both developed and developing countries including India. India being a significant player in the field of aviation lacks professionalism in various manners because of the improper knowledge of the legal and managerial aspects of aviation when compared to other developed countries. Keeping this in mind, the two years course on M.A. (Aviation Law & Air Transport Management) is a unique initiative undertaken by Centre for Aerospace and Defense Laws (CADL) at NALSAR, Hyderabad. The course is designed to provide an in-depth understanding of Air Law and aerospace management along with some fundamental principles of public international law related to aviation. The course would be highly useful to the candidates having wide-ranging background from legal to scientific. Through this course CADL at NALSAR aims to create an industry of aviation lawyers catering and specializing in both legal and management aspects of international aviation law. The course participants would not only have a sound and strong foundation on legal and management patterns of international civil aviation sector but also will be well-equipped to handle practical and contemporary aspects and challenges faced in the daily governance of the aviation industry. Why this course at NALSAR? Every job seeker is aware that the job market is no more bountiful due to the economic slowdown worldwide. India is no different in terms of job market and job aspirants have to try harder than ever before. But some newer avenues are opening up notwithstanding the economic Page | 3 slowdown. A career in Aviation laws is one such latest addition to the job market and has huge potential in the long run. Aviation Lawyer or Aerospace lawyers are the answer to the legal hassles in the ever expanding and complicated Aviation industry. In India, despite huge potential in the aviation sector there are only few institutions or universities which have started courses in Aviation law. Out of which there are hardly any institution running the course effectively and efficiently. From its inception, the University is committed to ensure highest quality in imparting legal education. One of the core missions of NALSAR is to produce legal professional who are professionally competent, technically sound and socially relevant lawyers. In this regard the University through the aforementioned course introduced by CADL aims to cater to the growing needs of the aviation industry and impart knowledge and train participants in the legal as well as management aspects of the industry. The innovative law course has been introduced keeping in mind the need of the hour. The study of this course will cater the need of Aerospace Lawyers which will meet the demand of trained and certified professional lawyers in ever growing aviation sector. Growth and commercialization of aviation business has created the demand for legal professionals to handle the legal complications in the industry. It enables students to obtain an understanding of the application of legal principles to aviation. It further provides an overview of the role of law in the management of aviation and explains legal concepts and principles as they apply to aviation and the conduct of pilots and operators. It examines international regulatory body conventions, regulations and audit processes. Legal and Management aspects of International Civil Aviation are so well interconnected that the study of one aspect is incomplete without the study of the other. The unique advantage of the course is the comprehensive understanding of the aviation industry which would include its operational aspects, legal management and technical knowledge with a special focus on catering to the contemporary requirements of the growing aerospace industry. The curriculum of the course is tailor-made to meet the professional needs of the aviation industry which includes airport, airline, aerospace and related sectors so that the trained professionals are in a position to directly take on the core legal-cum-managerial positions in any of these sectors. A lawyer who has been endowed with rational mind can perform the multiple roles in the form of an aviation lawyer, manager and technical support. Similarly, a manager who is endowed with analytical ability is now in a position to function at a higher level with a greater competence by acquiring the specific knowledge of the rules of the game – Aviation Law. Prospective Learners The course aims to meet the needs of personnel currently involved in the aviation industry, students of aviation and aviation enthusiasts who wish to upgrade their skills at tertiary level in Page | 4 the field of management in air transportation and application of aviation law. In addition, the program is designed to have considerable application for personnel in related technologically based service and business industries. How Course is conducted? This Master‘s Programme has four semesters. Each Semester will have Onsite intense sessions by the subject experts, followed by online session where participants will work on the case studies and assignments and upload them on the dedicated web platform or submit them by email. The students can contact the subject experts through email regarding any queries on the concerned subject. Relevant course material will be uploaded on the course website and can be accessed through the student‘s login id. Face to Face contact sessions will be conducted for seven days in a semester at Hyderabad by the subject experts. Suggested reference guidance would be provided at the contact sessions. Each subject shall consist of 15 teaching hours which will come to 60 teaching hours per semester for three semesters. Case study analysis will be part of the concerned subjects and will be discussed in onsite sessions. Attendance at the onsite session is not compulsory. The conduct of the programme involves uploading of updated course material, assignments etc. on the website. Course Structure SEMESTER – I Subject Code Subject Marks Credits 1.1.1 General Principles of Law 100 5 1.1.2 International Air Law 100 5 1.1.3 Principles of Management 100 5 1.1.4 Airport Management 100 5 SEMESTER – II 1.2.5 Domestic Air Laws in India 100 5 1.2.6 Aviation Safety, Security and Liability Laws 100 5 1.2.7 Airline Management 100 5 Page | 5 1.2.8 Air Space & Air Traffic Management 100 5 SEMESTER – III 2.3.9 Aviation Contracts & Tenders 100 5 2.3.10 Aviation Corporate Laws 100 5 2.3.11 Air Transport Economics and Statistics 100 5 2.3.12 Aviation Marketing 100 5 SEMESTER – IV 2.4.13 Dissertation (written: 150 marks + viva: 50 marks) 200 6 General Principles of Law It is a well-known legal maxim ‗ignorantia juris neminem excusat‘ which means that ‗ignorance of law is no excuse‘. This is one of the most fundamental principles of law followed since time immemorial. With the growing complexities in the nature of a society, legal awareness is of utmost importance as it is the foundation on which civil society is based. Knowledge of law helps students to understand their own rights and obligations as a responsible citizen of a country and a member of the global community. Law has an impact on every small aspect of our lives, therefore knowledge of law can open new avenues of professional opportunities that you were previously unaware of. Though law for centuries together has been taught as a professional course yet it is very essential that every person should be aware about the general principles of law for several reasons like, understanding of public affairs and awareness on our rights and duties. Further there are numerous myths and wrong notions about law and legal principles which a non-legal professionals might only be able to understand once they have a thorough understanding of its fundamental operations. Every action of ours is governed by a code of conduct, be it moral or legal; direct or indirect. Law is a system of rules which regulates human conduct in the society. Legal systems are often based on ethical or religious principles and are enforced by the police and criminal justice systems such as the courts. Therefore knowledge about the practical aspects of law is as important as knowledge about theory and principles of law.
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