OVERVIEW

The course of navigation law concerns the discipline applicable to relations connected to the sea, in a perspective that enhances its transnational character, dedicating ample emphasis to the regulations of international and EU law, as well as national law, and to the practice of international trade. Ample space is dedicated to the law of ports. Navigation law is essential for students who intend to work in companies or administrations active in the maritime and port sector in the future or to exercise professions related to it. The course contributes to Objective 13 of the 2030 Agenda (action to combat climate change)

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course, students will acquire the methodological tools and specific skills in the field of law of navigation, specifically in the context of the national and international regulations, as well as in respect of standard contract forms adopted in the practice of international maritime trade, and will be able to understand and analyze current legal issues, as well as to independently apply the notions acquired to practical scenarios.

AIMS AND LEARNING OUTCOMES

Individual study, attendance and participation in the proposed learning activities will allow the student to:

Identify the sources applicable to the cases of navigation law and understand and apply the rules contained therein according to the methods specific to each area;
Understand and remember the main regulatory provisions that govern them;
Understand the structure and functioning mechanism of the main standard contracts adopted in the practice of maritime trade;
Identify the solution of concrete cases in the light of relevant laws, contracts and jurisprudential precedents;
Read and critically examine, with independent judgment, regulatory texts of international origin, of the European Union or national and the texts of judgments of the Courts of merit, of legitimacy and of the Constitutional Court relating to navigation issues;
Express yourself in appropriate legal technical language.
Clearly illustrate and explain what you have learned.

TEACHING METHODS

The teaching, held by Proff. Francesco Munari and Pierangelo Celle, consists of lectures, for a total of 36 hours (equal to 6 CFU), during which the main notions of the law of navigation will be presented and analyzed, in light of the relevant discipline of international origin, European or national, as well as analyzed standard contracts in English and practical cases. The calendar with the topics of each lesson, with the indication of the pages of the manuals relating to them, and any supplementary materials to those found in the adopted text (standard contracts, sentences, articles of doctrine) are published Aulaweb.

At the end of the course, a specific session will be dedicated in conference/debate format on the issue of combating climate change in the shipping sector, with particular regard to the action of the IMO and the EU against ship emissions (Objective 13 Agenda 2030).

Both teachers are professionals active in the maritime sector, for which particular attention is paid to the concrete and applicative dimension of the subject, with respect to which students are invited to interact.

Lessons are held exclusively in person. Only in the event of a RED weather alert
 class will be held by remote on the TEAMS platform (CODE nxkid08).

SYLLABUS/CONTENT

The teaching of navigation law aims to provide students with adequate knowledge and understanding of the main rules that characterize the subject. In this perspective, the teaching analyzes:

- the sources of navigation law (international law, European Union law, national law and private autonomy) and the methods of coordination of the same for the identification of the discipline concretely applicable to the cases (including the rules of private international law);

- the regulation of the ports, starting from the state property, the governance of the ports and the administrations that manage them, the business activities carried out in the ports; port operations, services and work; with specific, broad and detailed analysis of the recent reform of the port system;

- assets and subjects relating to the law of maritime navigation, namely: the ship as a legal asset and standard contracts relating to its construction, sale and financing; the leasing of a ship in the legal framework and standard contracts of international practice; the shipowner and maritime personnel;

- the typical negotiation cases in relation to international trade in the maritime field (maritime sales, charter-parties, transport of things on a bill of lading), with reference where relevant to the discipline of uniform international law and to standard contracts in English adopted in negotiation practice and with specific attention to national and foreign jurisprudential trends referring to them;

- auxiliaries in the maritime sector (brokers, freight forwarders, agents);

- the typical institutions of the maritime sector (collision, salvageat sea, general average and marine insurance), in the light of the uniform international law and the standard contracts in English adopted in negotiation practice, with specific attention to national jurisprudential trends referred to them;

- the action taken in the shipping sector to combat climate change (Objective 13 Agenda 2030)

RECOMMENDED READING/BIBLIOGRAPHY

Textbook for attending students

CARBONE-CELLE-LOPEZ DE GONZALO, Il diritto marittimo – Attraverso i casi e le clausole contrattuali, Torino, Giappichelli, 2020, only chapters no. 1, 2, 3, 4, 5, 8, 10, 11, 12, 14 and 15

CARBONE-MUNARI, I porti italiani e l'Europa, Milano, Franco Angeli, 2019,  Chapter I  (not para. 1.7, 2.4, 3.2 e 3.3),  II (only para. 1.1, 1.2, 1.3, 1.4),  III  (not para. 1.6, 1.7. 2.4),  IV  (not para. 1.4, 2.3, 3.3),  V  (not section 4 e para. 5.1), Cap. VI only sections 1 e 2).

Textbook for non-attending students

CARBONE-CELLE-LOPEZ DE GONZALO, Il diritto marittimo – Attraverso i casi e le clausole contrattuali, Torino, Giappichelli, 2020, in full

CARBONE-MUNARI, I porti italiani e l'Europa, Milano, Franco Angeli, 2019,  in full

TEACHERS AND EXAM BOARD

Exam Board

FRANCESCO MUNARI (President)

LORENZO SCHIANO DI PEPE

PIERANGELO CELLE (President Substitute)

CHIARA CELLERINO (President Substitute)

MARIO BARBANO (Substitute)

ANDREA BERGAMINO (Substitute)

LUCA CALZOLARI (Substitute)

SIMONE CARREA (Substitute)

MARTA GIANNONI (Substitute)

PIER FRANCO SOLETI (Substitute)

LESSONS

LESSONS START

first semester 2023/24

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is normally oral and is divided into two open questions relating to topics that are representative of the entire course program. In addition, the student is required to deepen the analysis and solution of at least one practical case taken from the topics illustrated in the text and / or in class. Only students who have attended at least 2/3 of the lessons will be given the opportunity to take the exam in written form in a specific session held at the end of the course. This test, addressed in particular to the topics and cases specifically dealt with in class (and therefore particularly suitable for students who have attended regularly), consists of a series of closed questions relating to most of the institutions covered during the course and a open question relating to the analysis and solution of at least one practical case taken from one of the topics that are specifically studied during the lessons.

"Students with learning disorders ("Disturbi Specifici di Apprendimento", DSA) will be allowed to use specific modalities and supports that will be determined on a case-by-case basis in agreement with the delegate of the Committee for the Inclusion of Students with Disabilities.

ASSESSMENT METHODS

Both the oral exam and the written exam aim to verify the students' actual knowledge and acquisition of the basic theoretical notions as well as their ability to identify and apply the reference standards to specific concrete cases. Through questions of a general theoretical nature and the proposal of cases and problems of a practical nature - which for attending students always draw inspiration from the didactic activity carried out in the classroom - it will be verified whether the student is able to:

identify and define legal concepts using appropriate technical language;
identify and apply the main regulatory and contractual provisions that regulate the conduct of relations relating to the right of navigation with reference to specific cases;
understand and interpret, with a critical spirit, the main legislative and negotiating texts as well as the texts of some fundamental judgments discussed in class;
effectively illustrate and explain the concepts learned.

Exam schedule

FURTHER INFORMATION

Further information, the lessons schedule and additional teaching material are on the Aulaweb page of the course.