96875 - TRANSPORT REGULATION LAW

Learning outcomes

At the end of the module, students: - know the regulation governing the transportation market in its various types (by sea, internal waters, air and ground) as well as specific infrastructures at a national, European and international level; - are able to develop a thorough understanding of the complex interplay among transportation infrastructures, financial tools, space regulation, operators and relevant assets, and to critically analyze global value chains, especially in terms of competition law.

Course contents

The course aims to provide students with a reference framework, at European and international level, regarding the regulation of the transport market in its various modes (maritime, aeronautical and land) and of the infrastructures dedicated to it, also deepening some of the currently most debated topics on the matter.

In particular, the following subjects will be considered:

• the flags of convenience: definition, analysis of the phenomenon and critical issues;
• the regulations applicable to transport performed by successive carriers;
• the uniform international law and the European legislation on the transport of passengers in the various modes of transport;
• the TENT networks and the intermodal corridors;
• the port State control on vessels;
• the role of classification societies and the maritime safety;
• the liberalization of the transport market;
• public financing for transport services and infrastructures and its limits;
• the principle of free transit of goods and its application: analysis of some case studies;
• the European and international legal framework on sustainable mobility;
• the discipline applicable to off-shore platforms and floating units, intended for the exploitation of hydrocarbon fields at sea;
• unmanned means of transport: opportunities and threats;
• the customs procedures simplification as a precondition for EU ports growth.

Readings/Bibliography

M. Musi (edited by), Selected Essays in Maritime and Transport Law, Bonomo Editore, Bologna, 2024.

The manual is to be studied in its entirety.

Teaching methods

The course takes place through oral lectures.

In order to solicit the involvement of students, during the course there will be targeted in-depth studies on multiple sources of law and Courts’ decisions, and assess their impact on transport market, also focusing on some case studies.

The lessons are divided into didactic-conceptual units, organized according to a path that allows for the gradual learning of the examined topics and case studies, so that students can progressively achieve the goal of navigating through the matter.

Assessment methods

The exam may be taken in the following two modalities:

A) entirely oral exam: it will focus on the topics indicated in the course programme and the grade will be expressed in thirtieths (from 0 to 30, plus possible honours). In particular, the student’s ability to understand and identify the technicalities, peculiarities and specificities of the discipline being examined will be tested;

B) exam divided into two tests: a practical test and an oral test.

1) Practical test: this will consist of carrying out a Moot Competition in the classroom, during the final phase of the course, on a case study illustrated by the Professor, concerning one of the topics examined during the course.

Students will be divided into working groups made up of a minimum of 4 and a maximum of 6 participants. Whatever the number of members in a group, each student will have a time slot of 5 minutes to present her/his arguments (which will be coordinated with those of the other members of her/his group) and will be assessed individually for her/his oral presentation. The assessment will be expressed in tenths (from 0 to 10) and a minimum grade of 6 out of 10 will be required to pass the test. In particular, the mastery of the topics, the ability of critical analysis and the use of appropriate technical vocabulary will be tested.

2) Oral test: this will focus on the topics indicated in the course programme, with the exclusion of essays IX e XIII of the manual, and the grade will be expressed in twentieths (from 0 to 20, plus possible honours) and in order to pass the test it will be necessary to have obtained at least a minimum grade of 12 out of 20. In particular, the student's ability to understand and identify the technicalities, peculiarities and specificities of the discipline being examined will be tested.

The final grade will be awarded on the basis of the algebraic sum of the grades obtained in the practical test and the oral test.

PLEASE NOTE:

• the choice to take the exam in the B) modality, i.e. divided into two tests, must be communicated by the student via her/his Unibo institutional email address to the Professor no later than 1st March. In the absence of such communication, the student must take the exam in the A) modality, i.e. entirely oral;
• since the presence of groups is structurally necessary, the practical test in the B) modality may only be taken during the final phase of the course and not in the subsequent sessions;
• to access the oral test, it will be necessary to have taken and passed the practical test;
• if, having passed the practical test, the student fails the oral test or withdraws from the latter, the grade for the practical test will remain valid until the September session of the following calendar year, after which it will be annulled.

Teaching tools

Additional study materials, useful for the preparation of the exam, may be made available in due time within the course teaching materials on https://virtuale.unibo.it/.

Office hours

See the website of Massimiliano Musi