Knowledge and understanding: The aim of the course is to enable students to acquire an in-depth knowledge of selected subjects of transport law with specific reference to their impact on sustainable development. Applying knowledge and understanding: Students will be expected to develop the ability to grasp the principles and policy reasons underlying the relevant rules and to understand the practical consequences of the application of such rules. Making judgements: The direct examination and study of legislation and case law should bring students to autonomously reasoned views on the subject matters of the course. Communication skills: Students shall be trained to express their views in a concise, logical and persuasive manner. Learning skills: As a result, at the end of the course, it is expected that students, in addition to a detailed set of notions, shall also acquire a critical methodology for their studies.
Introduction Transport is an important factor of any development strategy and accordingly sustainable transport is an essential factor of sustainable development. A sustainable transport depends on technological and organizational aspects, but also on legal issues. The purpose of this course is to examine some legal issues related to sustainable transport, grouped in three main areas: Market Regulation; Passengers' Rights; Environmental Concerns.
Part I - Market Regulation Market regulation is presently mainly concerned to ensure free access to the markets and free competition; the underlying assumption is that this will turn into substantial benefit, not only for the business operators, but also for consumers and the public at large. Such an assumption is often but not invariably true. There are situations of market failure where different needs (safety, right to mobility and public service necessities, saturation of infrastructures) require a different approach
Part II - Passengers' Rights The protection of passengers' rights has traditionally been achieved, in the first place, by a strict regulation, by means on international uniform law, of the carrier's liability for loss of life or personal injury; the Montreal Convention on carriage by air and the Athens Convention on carriage by sea are the most notable examples. In addition to these, in more recent times, mainly through European legislation, the protection of passengers' rights has been extended to other areas such as, denied boarding / cancellation / delay, information duties of the carriers, carriage of disabled passengers.
Part III - Environmental Concerns Tragic disasters like those of the "Torrey Canyon" or the "Erika" highlighted the harmful impact that carriage can have on the environment. The reaction to such disasters has been an ever more comprehensive regulation of the carriage of oil, hazardous and noxious substances and dangerous cargoes. Other issues related to protection of the environment are the regulations concerning places of refuge for ships in distress, removal of wrecks, demolition and recycling of ships, emissions from ships and airplanes
Prerequisiti e modalità di esame
The course will be based on the analysis and discussion of materials (international conventions or EU regulations and directives, case law, articles etc.). The relevant materials and recommended readings will be timely made available to students. A working knowledge of the English language will be necessary. Given the methodology outlined above, the active participation of students will be essential. Regular attendance (at least 75%) of classes will therefore be compulsory, in order to be allowed to take the exam. The overall evaluation will be based on the contribution during classes and on a final oral discussion on a subject to be assigned reasonably in advance