Navigation law

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/06
Language
Italian
Learning objectives
The course aims to provide knowledge of the main topics of shipping law together with an understanding of their position in the framework of national, international and European law
Students will be required to be able to define the purpose of the relevant rules and to extract operational rules to be applied for the solution of practical problems of international trade.
The course aims to promote independent analysis of legal rules and case law and the elaboration of critical judgments.
For these purposes, the use of appropriate technical language and clear, logical and simple exposition will be necessary.
At the end of the course students should therefore have acquired a technical and practical knowledge of shipping law, together with the ability to connect it with other branches of the law and also be familiar with a proactive methodology of study
Expected learning outcomes
In esito al corso gli studenti dovranno quindi aver acquisito una conoscenza teorica e pratica del diritto della navigazione marittima, con la capacità di individuarne i collegamenti con altre discipline ed essere in grado di padroneggiare un metodo di studio non meramente manualistico
Course syllabus and organization

Single session

Lesson period
Second semester
posting of materials and summaries on Ariel
on line lesons with Zoom
Course syllabus
the course will cover the main issues of shipping law, namely:
- the ship, with particular attention to the problems of safety; the ship will also be considered in relation to its nationality and its registration
- contracts for the construction, sale and lease of ships and related finance
- the reform of port legislation, towards privatisation and liberalisation of port servces, as resulting from Law n. 84/1994 (as amended) and EU law
- protection of the marine environment from pollution and international legislation on civil liabilty for pollution damages
- CIF sale of goods, as the key element of the commercial transactions including carriage of goods by sea and the role of the bill of lading in such transaction
- charterparty contracts with particular attention to the most commonly used forms
- liner carriage of goods by sea and the inernational uniform legislation provided by the 1924 Brussels Convention
- carriage of persons and protection of passengers' rights
- agents and intermediaries (shipagents, forwarding agents, brokers)
- EU law on maritime traffic, with particular attention to competition rules
- maritime incidents (collision, salvage, general average); liability rules and related insurance
Prerequisites for admission
basic notions of contract law
Teaching methods
the study of the relevant topics will be conducted taking into account not only the relavant statutes and legal theory, but also the law in action resulting from case law and contractual practices; opportunities will be provided for the active participation of students; taking into account the requests of the students, it will be possible to cover also contiguous topics, such as air law and logistics
Teaching Resources
S.M. Carbone - P. Celle - M. Lopez de Gonzalo, Il diritto marittimo attraverso i casi e le clausole contrattuali, Torino, Giappichelli, 6^ ed. 2020 (except chapters 5 and 16)
Assessment methods and Criteria
oral exam
possibility of intermediate tests for students regularly attending lessons
IUS/06 - NAVIGATION AND AIR LAW - University credits: 6
Lessons: 42 hours
Professor(s)