AIMS AND CONTENT

AIMS AND LEARNING OUTCOMES

Module 2, named ‘Private International Maritime Law’ (cod. 114578) aims - through case studies and domestic, foreign, international and supranational case law - to analyse the respective role of Flag, Port and Coastal States in the regulation of relationships related to maritime navigation, providing a comprehensive overview of the rules applicable to such relationships of a typically ‘international’ nature, focusing in particular on the PIL rules on (i) contracts of carriage by sea and (ii) labour relations connected with maritime navigation, as well as those applicable to (iii) maritime torts.

Individual study, attendance and participation in the proposed training activities will enable students to

• analyse and understand the rules and dynamics governing the coordination of the various sources (domestic, supranational and international) intended to affect issues of private international law;
• identify and understand the rules of international, supranational and domestic law that promote and guarantee access to justice in civil matters, in situations with cross-border implications, both intra- and extra-EU;
• analyse and understand the different techniques that, in the field of Private International Law, concern (i) the identification of the law applicable to private law transactions of a 'cross-border' nature and (ii) the applicability, in the Italian legal system, of legal rules in force in foreign legal systems, as well as of acts or decisions adopted abroad;
• select, connect and apply the main reference techniques and rules in the above-mentioned subjects, also through the analysis of concrete problems occurred in practice and the simulation of cases;
• understand, and critically comment on, the incidence, in the various sectors subject to analysis and reflection, of the internal, supranational and international norms protecting fundamental rights;
• read and critically examine, with independent judgement, scientific articles in the field of private international law;
• analyse, and critically comment on, texts of judgments of International Courts, Courts of Merit, Courts of Law and Constitutional Courts relating to issues of Private International Law, extracting from them the most relevant principles underlying the matter;
• design synergies and group work, developing the capacity for fruitful discussion with colleagues on private international law issues;
• consolidate and strengthen the ability to express oneself in appropriate technical legal language;
• manage social interactions constructively and with a collaborative and respectful attitude towards the environment and interlocutors;
• formulate and present expositions in the classroom, refining and consolidating public speaking skills;
• structure and produce written legal texts, arguing with logical coherence and critical capacity.

TEACHING METHODS

Module 2 (18 hours, 3 CFU) consists of (a) lectures, during which the topics of private international law specified in the program will be analysed and explored in depth, and (b) guided classroom exercises on selected materials. It is also envisaged, on a voluntary basis, the (c) drafting of term papers on specific topics, agreed upon with the professor, and the (d) participation in the film review ‘I diritti di tutti’ (Everybody's Rights), during which at least one film on international issues will be presented by the course students.

Normative and up-to-date materials will be made available on the Aulaweb; case law and other materials will also be uploaded for attending students with a view to exercises and a better understanding of the topics covered in class.

Sometimes, scholars and experts in the field or professionals may be invited to give lectures on topics of particular interest and topicality, to enable the students to gain a greater awareness of the concrete and applied dimension of the subject.

SYLLABUS/CONTENT

Module 2, Private International Maritime Law, cod. 114578.

Module 2 aims to provide advanced knowledge in the field of private international law (PIL), through an examination of the rules applicable:

• to contracts of carriage by sea;
• to maritime labour contracts;
• to maritime torts.

RECOMMENDED READING/BIBLIOGRAPHY

Module 2, Private International Maritime Law’ (cod. 114578)

Textbooks and reading materials for attending students.

In addition to the teaching material (articles of doctrine, normative materials and case law) available on the University portal www.aulaweb.unige.it, the following are recommended as reference texts:

Vv. Aa, Private International Maritime Law (forthcoming): Chap. III (Contracts of carriage by sea); Chap. IV (Maritime labour contracts) and Chap. V (Maritime Torts).

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I, Parte generale e obbligazioni, XI ed., UTET giuridica, Milan, 2024, Chap. II (§§ 1, 2 and 18).

Textbooks and reading materials for non-attending students.

The following are recommended as reference texts:

Vv. Aa, Private International Maritime Law (forthcoming): the whole book

F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale, vol. I, Parte generale e obbligazioni, XI ed., UTET giuridica, Milan, 2024, Chap. II (§§ 1, 2 and 18), and Chap. V (§§ 1-6, and §§ 14-15).

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Students with regular disability certification or a diagnosis of SLD may request the use of compensatory measures (e.g. additional time, concept maps, modifications in the written/oral mode) during the examination, following the procedure indicated in the guidelines (p. 5) published here: qui.

Students (i) in incoming international mobility (Erasmus or other programmes) or who (ii) have opted for the International Law and European Union Law courses may prepare their exam on the following text: Alfonso-Luis Calvo Caravaca Javier Carrascosa González (eds.), European Private International Law, Editorial Comares, Granada (ES), 2022, Chapters I, II, XI, XII, XIII, XIV, XV, XVI and XVII.

TEACHERS AND EXAM BOARD

Exam Board

PAOLA IVALDI (President)

LORENZO SCHIANO DI PEPE

SIMONE CARREA (President Substitute)

MARIA CHIARA ACCARDO (Substitute)

MATTEO BEDENDI (Substitute)

CHIARA CELLERINO (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

GIULIA DEMONTIS (Substitute)

STEFANO DOMINELLI (Substitute)

CHIARA GAMBINO (Substitute)

FRANCESCA MAOLI (Substitute)

FRANCESCO PESCE (Substitute)

CHIARA ENRICA TUO (Substitute)

LESSONS

LESSONS START

a.y. 2024-2025, II semester, March 2025

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is sustained in oral form. Only the students attending at least 2/3 of the lessons are entitled to take the exam through written tests. As far as written tests are concerned, the student answers 20 questions with multiple answer (for maximum 20 points) and one open question (for maximum 10 points), without the possibility to examine legal sources. Each correct answer to the questions at multiple answer is evaluated 1/20, while each incorrect answer or no answer is evaluated 0/20.

Presentations of cases by the students – of which account will also be taken with a view to determining the final mark – will contribute to the development of specific competences in the area of public speaking and team work, also with a view to the award of Open Badges. The eventual drafting of term papers on specific topics – the outcome of which is also taken into account for the purposes of the final mark – is aimed at developing clarity of presentation and argumentative coherence in the drafting of written texts.

ASSESSMENT METHODS

The oral and the written exam aim at verifying (i) the effective knowledge and the acquisition by the students of the theoretical notions explained in the course, as well as (ii) the ability of the students to comprehend and apply the rules of International Law concerning specific issues. Through questions of theoretical and practical nature, it will be verified whether the student is able to:

• identify and understand the rules and dynamics governing the coordination of the various sources (domestic, supranational and international) intended to affect issues of private international law;
• identify and understand the rules of international, supranational and domestic law that promote and guarantee access to justice in civil matters, in situations involving connections with several state systems, both within and outside the EU;
• analyse and understand the different techniques which, in the field of private international law, govern (i) the identification of the law applicable to private law transactions of a 'cross-border' nature and (ii) the applicability, in the Italian legal system, of legal rules in force in foreign legal systems, as well as acts or decisions adopted abroad;
• apply the main reference techniques and rules in the above-mentioned subjects, also through the analysis of concrete problems occurred in practice and the simulation of cases;
• understand and critically assess the impact, in the various sectors subject to analysis and reflection, of the internal, supranational and international norms protecting fundamental rights.

Exam schedule