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 Public  Aviation Safety Regime: Personnel Licensing- Crew and other
1
International Air Law safety related personnel 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 International Operator/Owner’s Liability:
Session-2
Air Law  Air Carrier Liability or the Aircraft Operator’s Liability
 Airport Operator’s Liability, etc
 Airlines and the regulator’s property insurance- aircraft and
other property insurance
Session-3 Aviation Insurance  Liability Insurance
 Personal Insurance or employee insurance-crew and other staff
insurance
 Int'l Air Law Instruments on Air carrier's liability-
Air carrier's liability Warsaw/Montreal Convention
and Air Carriage  Air Carriage Contracts & Other Airlines Commercial Dealings:
Session-4 contracts and (Passenger Contract of Carriage, Franchise Agreements,
commercial dealings Interline Agreements; Aircraft Sales, Acquisition & Financing;
Maintenance and Catering Agreements; Ground Handling
Agreements; Catering and Outsourcing Agreements)
Session-5 National Bodies  Legislative, Policy Making and Regulation
 involved in the  Fair and proper administration of laws with different judicial
Aviation Industry of measures:
Nepal in Legislative,  MOTCA
Policy Making and  CAAN
Regulation and the  Nepal Police Authority
judicial measures.  Attorney
 Court
Recent Development
and International Safety culture-SMS & SSP Programme, International concern for the
Trends in the Aviation compliance of the standards, desirous of harmonization,
Law Universalization convergence and standardization and the law enforcement - USOAP
Session-6 of aviation law & Audit Programme, as a part of international regime
application of general Keen to high standard of liability limit so as to make the aviation
principles of law, such reliable industry as that of global Standard.
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-7 the entities in the law  Lawyers, Court, Local Authority and other international entities
enforcement 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-8 Hijacking  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)
Case Analysis and the
Session-9  Analyzing the case data
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