Air & Space Law: Sources of private international air law. Conflicts of laws. Unification of law of liability. Liability for damage on the surface, liability of the ATC and CNS/ATM providers. Rights in aircraft and their international recognition.
Offered by: Air and Space Law
- Fall 2018
- Brian F Havel
Course objective: This course seeks to introduce the students to the regime of domestic and international liability in aviation, with an emphasis on international liability law. Liability of airlines, air navigation service providers, airports, aircraft manufacturers and governmental institutions are examined.
Description: This course examines the unification of private international air law through the adoption of international conventions. In particular, it reviews the liability of the air carrier towards passengers and shippers under the Warsaw Convention, as amended and supplemented by several other international legal instruments, including the Montreal Convention of 1999. The course also examines the basic framework of several other conventions, such as the Rome Convention on surface damage done by aircraft, and ICAO’s recent initiatives to revise the 1952 Rome Convention in the Montreal Conventions of 1999, as well as the liability exclusions for airlines and crew set forth in the Tokyo Convention and amendments thereto. Insurance aspects and implications of the air carrier’s international liability will also be addressed.
Method of Evaluation: 80% of the grade will be based on the student’s performance on a 24-hour take-home exam. The remaining 20% will be based on the student’s performance in on a written 7-10 page essay comparing, contrasting and analyzing material and/or cases discussed in the text with a case (or cases) not discussed in the text which reached a similar or different conclusion. Essays shall be double spaced with 12 point font for the text, and 10 point font for the footnotes, with one-inch margins per page. Appended to the essay should be a copy of all cases discussed in the student’s essay, except those addressed in the assigned reading materials. The essay shall be due on the last scheduled day of class. Late-submitted essays will have points deducted from their grade, depending upon the degree of tardiness; essays submitted more than seven days late shall receive a grade of zero.
Professor Information: Paul S. Dempsey. 3690 Peel Street, Suite 203; Tel. 514-398-8370; Email: paul.dempsey [at] mcgill.ca
Office hours: open door; or contact Ms. Maria D’Amico at maria.damico [at] mcgill.ca or 514 398-5095 to arrange for a meeting at mutually convenient day and time. Also, do not hesitate to contact the Professor via e-mail or after class.
Visiting Lecturers: Several visitors have been invited to the class. The dates of their presentations will be announced during the Semester
Recent Materials on Private International Air Law
The Law of Products Liability [.pdf] 2015
The Conflicts of Laws in International Aviation [.pdf] 2015
Liability for Air Navigation Services [.pdf] 2015
Surface Damage Liability [.pdf] 2015
Consumer protection in the airline industry [.pdf] 2014
Andrew Harakas: Aviation Issues in the US [.pdf] 2014