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This course covers the whole area of civil aviation law, including air rights, security and safety, liability of the air carrier towards passengers, shippers, and third parties, and air traffic management. Firstly, we will focus on the public international regulation of civil aviation law, specifically on Chicago Convention establishing the core principles permitting international transport by air and the role of the International Civil Aviation Organization. From this starting point, we will explore the individual topics civil aviation law deals with. Special attention will be dedicated to the respective case law.
Learning Goals: 1) Students will understand: - the basics of civil aviation law and the sources of the international and European primary texts in this area; - development of the civil aviation law regulation. 2) Students will recognize legal issues in simulated scenarios. 3) Students will be able to collaborate with peers in a group problem-solving process. Last update: Šicnerová Barbora, Mgr. (13.05.2025)
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1. The written exam is based on solving a practical example, which the student will solve using the legal sources discussed during the course (international conventions/European legislation). 2. Specific prescribed legal sources may be used during the exam. Other materials may not be used during the exam. Last update: Šicnerová Barbora, Mgr. (13.05.2025)
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The subject covers following topics: 1) Introduction to the aviation law and its history 2) Air rights and Chicago convention 3) International aviation security regimes 4) Legal aspects of aircraft acquisition, its ownership and maintenance 5) Liability of the air carrier towards third parties 6) Liability of the air carrier towards passengers and shippers 7) Air traffic management and Single European Sky 8) Civil aviation safety 9) Search and rescue efforts and accident investigation 10) Aviation and protection of the environment Last update: Šicnerová Barbora, Mgr. (28.08.2025)
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Basic literature: LEON, Pablo Mendes de. Introduction to Air Law. the Netherlands: Wolters Kluwer, 2022. MILDE, Michael. International air law and ICAO. the Netherlands: Eleven International Publishing, 2016 Other literature: MASUTTI, Anna a MENDES DE LEON, Pablo. Elgar concise encyclopedia of aviation law. Northampton: Edward Elgar Publishing, 2023. HANLEY, Donal. Aircraft operating leasing : a legal and practical analysis in the context of public and private international air law. the Netherlands: Wolters Kluwer, 2017. LARSEN, Paul B.; GILLICK, John E. a SWEENEY, Joseph C. (Joseph Conrad). Aviation law cases, laws and related sources. 2nd ed. Leiden: Martinus Nijhoff Publishers, 2012. ZHANG, Luping. The Resolution of Inter-State Disputes in Civil Aviation. Oxford: OUP Oxford, 2022 Basic legislation (always in wording in force and effect as on the date of examination): Convention on International Civil Aviation (Chicago), 1944 Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw), 1929 Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface (Rome 1952), 1952 Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo), 1963 Convention for the Suppression of Unlawful Seizure of Aircraft (Haag 1970), 1970 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal 1971), 1971 Convention for the Unification of Certain Rules for International Carriage by Air (Montreal 1999), 1999 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing), 2010 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 Other legal regulations (always in wording in force and effect as on the date of examination): Convention on the International Recognition of Aircraft Rights (Geneva), 1948 Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) on air carrier liability in the event of accidents Commission Regulation (EU) No 2017/373 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight Regulation (EC) No 550/2004 of the European Parliament and of the Council on the provision of air navigation services in the single European sky. Commission Regulation (EU) 2015/340 laying down technical requirements and administrative procedures relating to air traffic controllers' licences and certificates Commission Implementing Regulation (EU) No 923/2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation Commission Implementing Regulation (EU) No 646/2012 laying down detailed rules on fines and periodic penalty payments Last update: Šicnerová Barbora, Mgr. (29.08.2025)
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