Navigation Law
A.Y. 2023/2024
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
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
At the end of the course students are expected to have acquired a theoretical and practical knowledge of maritime law, with the ability to recognize connections with other areas of the law; they should also develop a methodology not limited to the study of manuals
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
METHODOLOGY
dependng on the sanitary situation and the consequent regulations for the time being in force, lessons will be in the classroom or on-line (Teams platform), in sicronic modality, at the scheduled hours. information and updates will be published on the ARIEL site of the course, that students are invited to consult frequently
PROGRAM AND MATERIALS
program and materials of the course will in any case remain unchanged
VERIFICATION OF LEARNING AND EVALUATION CRITERIA
verification of learning and evaluation criteria will remain unchanged
the form of he oral exam (in classroom or on-line) will depend on the sanitary situation and on the regulations in force
MORE DETAILED INFORMATION AND UPDATES WILL BE MADE AVAILABLE ON THE ARIEL SITE OF THE COURSE, THAT SYUDENTS ARE INVITED TO CONSULT FREQUENTLY
dependng on the sanitary situation and the consequent regulations for the time being in force, lessons will be in the classroom or on-line (Teams platform), in sicronic modality, at the scheduled hours. information and updates will be published on the ARIEL site of the course, that students are invited to consult frequently
PROGRAM AND MATERIALS
program and materials of the course will in any case remain unchanged
VERIFICATION OF LEARNING AND EVALUATION CRITERIA
verification of learning and evaluation criteria will remain unchanged
the form of he oral exam (in classroom or on-line) will depend on the sanitary situation and on the regulations in force
MORE DETAILED INFORMATION AND UPDATES WILL BE MADE AVAILABLE ON THE ARIEL SITE OF THE COURSE, THAT SYUDENTS ARE INVITED TO CONSULT FREQUENTLY
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 insuran
- 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 insuran
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
tests on case studies for students regularly attending lessons
tests on case studies for students regularly attending lessons
IUS/06 - NAVIGATION AND AIR LAW - University credits: 6
Lessons: 42 hours
Professor:
Lopez De Gonzalo Marco
Educational website(s)
Professor(s)