MARITIME AND AIR LAW
The module of Navigation Law aims to provide the law students with an adequate training in a highly specialized field, with a view to facilitate the entering in the business world. The primary objective is to provide the students with the necessary skills to carry out the main forensic activities. Moreover to give the essential knowledge for a possible entry into the business world as well into public and private institutions and national and international organizations operating in the transport sector and international mobility.
Knowledge and understanding
At the end of the course the student will have acquired a solid knowledge of the main navigating law institutes, in the light of their framing and systematic linkage with all branches of the legal system. The study of the national, european union and international legislation and regulations of the institutes will be complemented by the analysis of the contract forms commonly used in the practice of maritime and air traffic. Moreover a deep analysis of the main legal and arbitration cases in this field will be carried out.
Applying knowledge and understanding.
At the end of the course the student must be able to use the skills acquired in order to correctly frame the legal issues inherent in the maritime and air navigation sector and to master the techniques for carrying out the main forensic activities.
This module is aimed at increasing the ability to critically evaluate and analyze the many issues related to the maritime and aviation sector in the various operational, public and private contexts. To this end, educational tools will be used, including simulations, discussions of legal cases in schools, critical arrangement of doctrinal and jurisprudential interpretations.
The articulation of the module involves a number of activities (exercises, classroom discussions, seminars) aimed at strengthening the ability, also through IT tools, to pass on the skills acquired in the subject, knowledge and to use the technical-legal language typical of discipline. The communicative skills of the student will be explicitly assessed during the exam.
This module will provide the student with the necessary autonomy to continue to deepen autonomously the study of navigation Law and access to the main scientific literature, including through online databases, in order to align their competences with the continuous evolution of sectoral legislation in relation to the working contexts in which they will operate.
Maritime and Air Law: definitions and features; history; sources and interpretation. The management of the navigation . Administration of Public goods allocated to the navigation. The administrative activity in public goods intended for navigation. The specific administrative activities of the navigation. The pleasure boating. The administrative system of the ship and the aircraft . The ownership of the vessel and aircraft. The operation of the ship and the aircraft. The control of the owner and the operator. Onboard employment. The contracts for the use of the ship and the aircraft.
The pilotage and towage contract. The contribution to general average. The damage to third parties on the surface and collision. The assistance and salvage. Marine and Aviation Insurance. The private international law of navigation. The criminal law of navigation.
The aim of the course is to give the students a solid knowledge of the main navigating law institutes, in the light of their framing and systematic linkage with all branches of the legal system.
The course is divided into a general part, related to the administrative discipline of goods and activities of navigation and to contracts (53 hours) and in a special part, relating to the study of some exclusive institutes of the subject (19 hours).
GENERAL PART (53 hours)
Maritime and Air Law: definitions and features (3 h); history (2h) ; sources and interpretation (3h) . The management of the navigation (2h) . Administration of Public goods allocated to the navigation (6h). The administrative activity in public goods intended for navigation (2h). The specific administrative activities of the navigation (2h). The pleasure boating. (2 h). The administrative system of the ship and the aircraft (3h). The ownership of the vessel and aircraft (2h). The owner's auxiliaries (3h). Onboard employment (3h). The contracts for the use of the ship and the aircraft (2h) . Charterparty by demise (3h). Charterparty not by demise (3 h). Contract of Carriage (3h). The Liability of the Carrier to Passengers (6h). Carrier's liability in carriyng goods (5h)
SPECIAL PART (19hours)
The pilotage and towage contract (3h). The contribution to general average (3h). The damage to third parties on the surface and collision (5h). The assistance and salvage (3h). Marine and Aviation Insurance (2h). Jurisdiction Procedure of Navigation (3h).
Traditional: frontal lessons and exercises (study of the most common cases through analysis of case law and contractual modules).The lessons are supported by slides available on the e-learning platform.
Lefebvre - Pescatore - Tullio, Manuale di diritto della navigazione, Giuffrè, Milano, XVI edizione, 2022.
Consultation of the navigation code is essential for the preparation of the exam.
A. De Filippis - F. Troncone (curr.), Codice della navigazione, Simone, Napoli, ult. ed.
The tests will take place through an oral examination of the duration of approx. 20/30 minutes, with a final vote in thirtieths. The subject of the examination is the assessment of the knowledge provided by the teaching program, the ability to solve particular legal problems, the correctness, clarity and effectiveness of exposure (with special regard to the appropriate use of technical terms).
The oral exam will be considered passed only if the student will be able to demonstrate that he has acquired the basic knowledge related to the administrative organization of navigation, the operation of the ship and the contracts for the use of the ship and the aircraft. The student will reach the maximum score when he proves to have fully achieved the expected results, in accordance with the Dublin descriptors.
Lectures are in Italian.
The professor is fluent in English and is available to interact with students in English, also during the examination.