Course program
The program deals with the introductory notions of the navigation law and main institutions of the subject in the national, European and International regulations:
Object and characteristics of the navigation law; the sources of the national, European and International navigation law; public goods for navigation: ports, airports and activities ; scheduled and non-scheduled navigation services; access to the maritime services and air services market; the ship-owner and the air-operator and their liability regime ; contracts for the use of the ship and the aircraft (leasing, rent, transport, passenger transport, air transportation of goods (air waybill), maritime transport of goods (charterparties and bill of lading); York and Anversa Rules; salvage at sea. The program will be integrated with activities aimed at the practical examination of the main contractual instruments used in the maritime and air transport sector and the most recent significant decisions of the Court of Justice of the European Union.
Prerequisites
To approach the study of the subject and to achieve the learning objectives, it is important that the student demonstrates the basic knowledge about the main institutes of civil law, with specific reference to the discipline of obligations, contracts, and civil liability. However, it is worthwhile that the student also demonstrates the basic knowledge regarding the discipline of competition and the market, together with the characteristics of the administrative activity, with particular reference to the discipline of public goods and services. The immanent character of internationality that distinguishes the navigation law implies the recommended knowledge of the basic principles of the production system of uniform EU and international law sources.
Books
L. TULLIO, Breviario di diritto della navigazione, III ed., Milan, 2019:
CHAPTER I - CHAPTER II - CHAPTER III - CHAPTER IV - CHAPTER V - CHAPTER VI (par. 47- 57) - CHAPTER X - CHAPTER XIV - CHAPTER XV - CHAPTER XVI - CHAPTER XVII - CHAPTER XVIII - CHAPTER XX.
or
A. LEFEBFRE D’OVIDIO – G. PESCATORE – L. TULLIO, Manuale di diritto della navigazione, Milano, 2022: par. 1-13; 18-38; 47-55; 61-68; 83-102;118-127; 138-141; 144-149; 195-206; 267-386; 393-407
Teaching mode
Frontal lectures; exercises concerning the discussion of the most important judgments of national, European and international jurisprudence and examination of most used contractual models in the shipping and air transport sector. The course also includes seminar activities through the intervention of representatives of the operating transportation world or through visits to transport and navigation infrastructures (Leonardo da Vinci International Airport, in collaboration with ADR S.p.a.; Civitavecchia port in collaboration with the Maritime Authority of Civitavecchia).
Frequency
Attendance is strongly recommended. Students attending, at the end of the course, can hold an interview for the verification of learning
Exam mode
The examination will take place at the end of the course through an interview on the topics of the course program. For those who have followed the lessons, the judgments of the jurisprudence and the contractual models illustrated during the exercises may be discussed, with a consequent evaluation of the outcomes.
In the assessment of the examination the determination of the final grade takes into account the following elements:
- mastery of the subject
- argumentative correctness
- completeness of the answer
- clarity of exposure
To pass the examination the student must obtain a grade of not less than 18/30; to obtain the grade of 30/30 and honors, the student must instead demonstrate to have acquired excellent knowledge of all the topics covered during the course, being able to connect them in a logical and consistent way.
Bibliography
A. Antonini, G. Calvelli, M.Deiana, M.Piras, A. Zampone, 1942 - 2022 Gli ottanta anni del Codice della navigazione, Roma, 2022
Lesson mode
Frontal lectures; exercises concerning the discussion of the most important judgments of national, European and international jurisprudence and examination of most used contractual models in the shipping and air transport sector. The course also includes seminar activities through the intervention of representatives of the operating transportation world or through visits to transport and navigation infrastructures (Leonardo da Vinci International Airport, in collaboration with ADR S.p.a.; Civitavecchia port in collaboration with the Maritime Authority of Civitavecchia).