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
States Obligation
Aviation Security Regime: National Measures
adopted by the State vis--vis
Concept & International Measures initiated by ICAO &
Fundamentals UNO
Session Aviation Safety Regime: Personnel Licensing-
Public
- 1 Crew and other safety related personnel
International Air
Law licensing, 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 Operator/Owners Liability:
Session
International Air Air Carrier Liability or the Aircraft Operators
-2
Law Liability
Airport Operators Liability, etc
Airlines and the regulators property insurance-
aircraft and other property insurance
Session Aviation
Liability Insurance
-3 Insurance
Personal Insurance or employee insurance-crew
and other staff insurance
Session Air carrier's Int'l Air Law Instruments on Air carrier's liability-
-4 liability and Air Warsaw/Montreal Convention
Carriage Air Carriage Contracts & Other Airlines Commercial
contracts and Dealings: (Passenger Contract of Carriage,
 Franchise Agreements, Interline Agreements;
commercial Aircraft Sales, Acquisition & Financing; Maintenance
dealings 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
Aviation Industry
different judicial measures:
of Nepal in
Session MOTCA
Legislative, Policy
-5 CAAN
Making and
Regulation and Nepal Police Authority
the judicial Attorney
measures. Court
Recent
Development and Safety culture-SMS & SSP Programme, International
International concern for the compliance of the standards, desirous
Trends in the of harmonization, convergence and standardization
Aviation Law and the law enforcement - USOAP Audit Programme, as
Universalization a part of international regime
Session Keen to high standard of liability limit so as to make
of aviation law &
-6 the aviation reliable industry as that of global
application of
general principles Standard.
of law, such as
jus cogens and
preemptory
norms
Rule of Law: Assisting through the Empowerment
of the aviation institution in the law enforcement
Role of lawyers
and maintaining rule of law in the aviation domain
Session and the entities
Lawyers, Court, Local Authority and other
-7 in the law
enforcement international 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

Session Case Analysis A lawyer needs the skills to develop are analysis skill,
-9 and the 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)
 Analyzing the case data
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