95885 - AIR AND SPACE LAW

Learning outcomes

The aim of the course is to provide students with an in-depth and critical knowledge of Air and Space Law and the International Treaties which govern the sectors. In order to analyse the matter also under a practical perspective, an important part of the course will be devoted to the analysis of the relevant case-law in the sector. The examination of case law will include not only specific Air and Space Law law issues, but also competition matters such as state aid and abuse of dominant position with reference to aviation and space sectors.

Course contents

Program

1. Air Navigation Authorities and International bodies.

2. Air Navigation Services in the European and International Context. The 1944 Chicago Convention.

3. Access to the European Air Transport market and the liberalization of the latter. Code sharing agreements and frequent flyer programs.

4. The contract of carriage by air of passengers (Montreal Convention 1999; EC Regulations 2027/97 and 2002/889).

5. General principles of Space Law.

6. The legal status of spacecraft including their registration (registration of space objects and jurisdiction and space legislation at EU level) and liability for damage caused by space activities.

8. Representation of the European Space Programmes and major responsibilities of the main European bodies (EU, ESA, EUSPA).

9. Italian Space Governance and decision-making process for space policy and legal instruments in Italy

Readings/Bibliography

For aviation law:

Fundamentals of International Aviation Law and Policy (Air law), Benjamyn I. Scott, Andrea Trimarchi, Ed. Routledge 2020, Oxon (Chapters: I, III, V, VII).

Further recommended reading "The Aviation & Space Journal", provides updates on recent legislation and jurisprudence at a national, European and International.

The Aviation & Space Journal PDF file available at the following website

http://www.aviationspacejournal.com [http://www.aviationspacejournal.com [http://www.aviationspacejournal.com/] ]

The students could publish articles on the Journal subject to the evaluation of the ASJ Board of Editor.

· or space law:

The exam will be based on the provided slides, while recommended supplementary text will be provided during the course.

Key International Legislative Instruments for Space Law:
- Charter of the United Nations, entered into force on 24 October 1945.
- Treaty on Principles Governing the Activities of States in the Exploration and the Use of Outer Space, including the Moon and other Celestial Bodies; [Outer Space Treaty] entered into force on 10 Oct. 1967.
- Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space; [Rescue and Return Agreement] entered into force on 3 December 1968.
- Convention on International Liability for Damage caused by Space Objects; [Liability Convention] entered into force on 9 October 1973.
- Convention on Registration of Objects Launched into Outer Space; [Registration Convention] entered into force on 15 September 1976.
- Agreement on the Activities of States on the Moon and other Celestial Bodies; 1979; [Moon Agreement] entered into force on 11 July 1984.

Teaching methods

The teaching methods will be based on frontal lessons.

Considering the characteristics of the course, attendance is highly recommended.

Attendance will be verified by signature of a roll. Continued attendance will result in shortening of the course.

The lectures are interactive, and students are expected to participate in the discussions (Socratic Method).

The course also provides seminars and conferences held by air carrier managers and space operators/manufacturers capable of giving a concrete and practical approach.

Students could evaluate with the Professor the possibility to participate in Moot Courts organized by the Sarin Memorial Legal Aid Foundation from India and the International Institute of Air and Space Law of Leiden University in the Netherlands

www.iiasl.aero [http://www.iiasl.aero [http://www.iiasl.aero/] ]

Course materials may be also found on-line on AlmaDL web portal, periodically updated.

The lessons of the first semester will be provided as described at the following Internet address:

https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021 [https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021 ]

Assessment methods

Students not attending the course

Oral exams will be held for each academic year and will be based of three questions per candidate relating to the entire Course programme described above.

Students attending the course

Students attending at least 50% of the lessons will be questioned on ONE subjects (out of THREE questions) related to the following chapters:

1. Air Navigation Services in the European and International Context. The 1944 Chicago Convention.

2. The contract of carriage by air of passengers (Montreal Convention 1999; EC Regulations 2027/97 and 2002/889).

3. Fundamental space law principles (OTS general principles).

4. Liability for damage caused by space activities.

Afterwards the students shall present a personal research on a specific topic (chosen by the student and, anyway, different from the subject of the chosen chapter for the question) relating to European Transport law.

The aim of the oral exam is to test the student's ability to apply his/her knowledge and to make the necessary logical-deductive connections.

Graduation of the final vote:

Preparation on a very limited number of topics covered in the course, analytical skills that emerge only with the help of the professor, expression in language that is generally correct → 18-19;

Preparation on a limited number of topics covered in the course, ability to analyse independently just on purely executive issues, expression in correct language → 20-24;

Preparation on a large number of topics covered in the course, ability to make autonomous choices of critical analysis, mastery of specific terminology → 25-29;

Substantially comprehensive preparation on the topics covered in the course, ability to make autonomous choices of critical analysis and linking, full command of specific terminology and ability to argue and self-reflect → 30-30L

THESIS

The topic has to be decided with the Professor.

Teaching tools

Video projector, overhead projection, slides, PC.

Office hours

See the website of Greta Tellarini

See the website of Anna Masutti