CUS505 International Air and Maritime Law and Enforcement (16)

Abstract

This subject will provide an in-depth study of the various aspects of international air law including the contemporary aviation environment, the institutional framework and the fundamental legal principles as set out in the Chicago Convention and other multilateral and bilateral instruments. The subject will also examine the roles and responsibilities of maritime enforcement agencies and various international conventions and agreements, including the United Nations Convention on the Law of the Sea, that impact on maritime regulation and enforcement.

+ Subject Availability Modes and Location

Session 2
Distance	Canberra Campus

Continuing students should consult the SAL for current offering details: CUS505
Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject information

Duration	Grading System	School:
One session	HD/FL	Centre for Customs and Excise Studies

Learning Outcomes

Upon successful completion of this subject, students should:

be able to explain and discuss critically the main legal principles which govern civil aviation in the context of the impact on international trade flows and border regulation;
be able to locate and use key international instruments and research appropriate compliance responses to international air law and apply that research to practical and theoretical situations that they may face as border regulators and/or managers;
be able to identify and explain the practical impact on border regulation and management of international air law including analysing and critically assessing the regulatory frameworks of different countries against best practice and established international standards;
be able to formulate appropriate and well-developed policy and legal advice for border managers and/or regulators on the application of international conventions on different aspects of aviation and outer space travel and transport and to be able to communicate that advice to others;
be able to explain and discuss critically the rights and responsibilities of States in various maritime zones of jurisdiction and the relevant legal considerations when conducting enforcement in the maritime environment;
be able to conduct a comparative analysis of the international and domestic laws relating to maritime regulation and enforcement including analysing and critically assessing the regulatory frameworks of different countries against best practice and established international standards;
be able to analyse and evaluate interagency and cooperative maritime enforcement arrangements in and between selected coastal States and apply that analysis and evaluation to practical and theoretical situations that they may face as border regulators and/or managers; and
be able to formulate appropriate and well-developed operational strategies that address maritime enforcement challenges in different maritime settings and to be able to communicate those strategies to others.

Syllabus

The subject will cover the following topics:

The contemporary aviation environment
o The institutional framework
Fundamental principles of international air law
o Jurisdiction
o Traffic rights and air service agreements
o Use of force against civil aviation
The use of force by states against civil aircraft
o Hijacking and air rage
Liability Issues
o Liability for damage and injury to passengers
o Interpreting the Warsaw Convention
o Carriage of goods by air
Clearance of passengers and goods
Rules governing the use of outer space
Maritime Enforcement and the Law
o Domestic Law.
o Maritime Jurisdictional Zones
Maritime Targeting and Information Management
o Risk Assessment, Profiling and Targeting
o Operational Maritime Intelligence Management
Maritime Enforcement Operations
o Conduct of Operations - Preparation
o Operations and Post Operational Activity
o Maritime Incursion Methods and Indicators

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