OVERVIEW

The navigation law course addresses the regulation of maritime transport, port infrastructure and elements of air law, focusing on international and EU law, as well as national law and negotiation practices. This course is highly recommended for students aspiring to work for the transport industry, for public authorities or to practise other transport-related professions.

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

The course aims to provide students with an adequate knowledge and understanding of the legal principles and regulatory framework applicable to the sector. To this end, the course analyses:

- the sources of navigation law (international, European Union law, national law and private autonomy) and the rules of private international law applicable to maritime transport;

- the regulation of ports: governance models and the role of public regulators, the legal regime applicable to port operators and service providers; access to port infrastructure and the competition rules applicable to it;

- the assets and stakeholders involved in maritime traffic (ship, shipowner, captain, crew);

- standard clauses in international sea trade (maritime sale, charter-parties, carriage of goods on a bill of lading), and typical legal notions of the maritime insudtry (shipping claims and maritime insurance), taking into account the uniform international law discipline and the relevant negotiating practice;

- elements of aviation law (sources, regime of international and EU air services).

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

Identify the rules applicable to navigation law cases, understand how they work and apply them to the solution of concrete cases;

elaborate arguments based on the legal principles learnt, distinguish between concrete cases and make connections between legal categories;

Researching national and supra-national jurisprudence and analysing its reasoning in navigation law issues;

- Understand the underlying legal reasons for negotiating practice in maritime trade;

- Critically and independently evaluate legislative policy choices regarding shipping law;

- Identify and analyse topical issues pertaining to the evolution of the subject;

- Use appropriately the technical legal language;

- Illustrate and explain clearly the notions learnt.

TEACHING METHODS

The course consists of 36 hours lectures (equivalent to 6 CFU). During the lectures, some recent cases decided by national and EU courts will be presented with the active participation of the students. The calendar with the topics of each lecture and the reference teaching materials (legal texts and case law) are published on the Aulaweb platform.
From time to time, scholars and sector experts may be invited to lecture as to provide students with a more in-depth view of the current issues in the field and the professional skills required to work in the sector.

SYLLABUS/CONTENT

The sources of navigation law (international, European Union, national law and private autonomy) and the rules of private international law applicable to maritime transport; The regulation of ports: governance models and the role of public regulators, the legal regime applicable to port operators and service providers; access to port infrastructure and the competition rules applicable to it; The assets and stakeholders involved in maritime traffic (ship, shipowner, captain, crew); Standard clauses in international sea trade (maritime sale, charter-parties, carriage of goods on a bill of lading), and typical legal notions of the maritime insudtry (shipping claims and maritime insurance), taking into account the uniform international law discipline and the relevant negotiating practice; Elements of aviation law (sources, regime of international and EU air services).

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  (excluding paras 1.7, 2.4, 3.2 e 3.3),  II (only para. 1.1, 1.2, 1.3, 1.4),  III  (paras. 1.6, 1.7. 2.4),  IV  (excluding paras. 1.4, 2.3, 3.3),  V  (excluding section 4 and para. 5.1), Cap. VI only paras 1 and 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

LESSONS

LESSONS START

From Sept. 16, 2024 (I Semester).

The lessons schedule will be published on the aulaweb page of the course.

Class schedule

NAVIGATION LAW

EXAMS

EXAM DESCRIPTION

The exam consists of an oral interview verifying the knowledge acquired by the student in relation to the entire course programme.

ASSESSMENT METHODS

The oral interview aims to verify the student's actual knowledge and mastery of the basic theoretical notions as well as his/her ability to identify and understand practical cases under the relevant legal framework. Through both theoretical questions and the discussion of practical nature legal issues – deriving from the activities carried out in class - it will be ascertained whether the student is able to

- identify and define legal notions using appropriate technical language

- identify and apply the main regulatory and negotiating provisions governing the performance of relations pertaining to navigation law with reference to concrete cases;

- understand and autonomously apply the key legal acts, standard clauses and case-law;

- effectively illustrate and explain the notions learnt.

Students who submitted a valid certification of disability or Specific Learning Desorders (DSA) to the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Further informations, the lessons schedule and additional teaching materials are available on the Aulaweb page of the course.