LAWGENRL 436 : Air and Space Law

Law

2020 Semester One (1203) (15 POINTS)

Course Prescription

Examines important aspects of international air and space law using examples of how the international law has been implemented and applied in the New Zealand legal system including topical aviation industry issues.

Course Overview

Air and space law is mainly a specialised field of public international law but with important aspects governed by successful private international law treaties. The implementation of this law in New Zealand involves many challenging issues in constitutional law, administrative law, tort law and other fields of law. The course will cover the most important aspects of international air and space law with examples of how the international law has been implemented and applied in the New Zealand legal system, as set out below. Topical industry issues such as the challenges of regulating remotely piloted aircraft, unruly passengers, and space debris issues may also be included.
  • The nature and sources of air and space law including the spatial delimitation of land, sea, air and outer space;
  • The significance of airspace sovereignty and state jurisdiction over aircraft and space vehicles;
  • The legal and institutional framework for aviation safety and security established by the 1944 Chicago Convention on International Civil Aviation including the law-making procedures of the International Civil Aviation Organisation;
  • The legal framework for the conduct of international commercial air services including the so-called “freedoms of the air” and airline alliances;
  • The obligations of states in relation to search and rescue and aircraft accident investigation with reference to New Zealand and international accidents such as MH37, MH17 and the two Boeing 737 Max8 accidents;
  • The liability of air carriers for carriage of passengers, baggage and cargo under the 1999 Montreal Convention;
  • The principal space treaties and the New Zealand Outer Space and High-altitude Activities Act 2017.

Course Requirements

Prerequisite: LAW 211, 241

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Demonstrate a sound knowledge of the principles of public international law of most relevance to air and space law. (Capability 1.1, 1.2, 1.3, 2.1, 2.3 and 4.1)
  2. Demonstrate by legal research and writing a sound knowledge of the nature and sources of air and space law both historical and material, including the role of key international organisations. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 4.1 and 5.2)
  3. Analyse fact situations relating to aviation safety and security, international commercial air services, aircraft accident investigation and the liability of air carriers and correctly apply international and New Zealand air law to the fact situations. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 and 4.1)
  4. Identify, analyse and evaluate the main provisions in the five principal multilateral space treaties and their relationship to New Zealand space law and show an awareness of global space industry issues requiring legal solutions. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3 and 4.1)

Assessments

Assessment Type Percentage Classification
Reflection Piece 5% Individual Coursework
Assignments 25% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4
Reflection Piece
Assignments
Final Exam
Reflection Piece:
This task will require students to write a 350 word paper concerning one of the principal air or space law treaties. This will require a careful reading of relevant course book materials, identification of key issues and succinct legal writing explaining the significance and purpose of the selected treaty.

Assignment:
This task will require students to write a 1500 word paper addressing an assigned topic. This will require independent research, analysis and critical thinking and the demonstration of excellent legal writing skills.

Examination:
The final open-book examination will require written answers to four questions designed to test student knowledge of specific topics taught in the course. Some of the questions will pose fact situations requiring the identification of key issues and an accurate explanation of the applicable law.

Learning Resources

Course book
It is strongly recommended that you purchase a physical copy of the course book, particularly as the exam is open book.
Recommended Text
There is no prescribed text, but the following texts are recommended: 
Pablo Mendes de Leon An Introduction to Air Law (Revised 10th edition, Wolters Kluwer); Tanja Masson-Zwaan, Mahulena Hofman An Introduction to Space Law (4th edition Wolters Kluwer).

Workload Expectations

This is a standard 15-point course. There will be around 36 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 20/12/2019 01:38 p.m.