87630 - DIRITTO MARITTIMO E PORTUALE

Learning outcomes

The student has a specific knowledge of the main maritime law institutes through the analysis of national, European and international regulations and the reference to case law. The student knows the national and international laws about the ship and the shipping company, the port systems, the maritime contracts and related documentation, the maritime safety/security, the marine rescue, the liability and compensation for the pollution of the marine environment. The main goals of the course are to provide the students the appropriate critical tools to evaluate and understand the complexity of maritime navigation and the issues underlying the most modern phenomena related to the maritime navigation.

Course contents

The course's aim is to provide students a comprehensive and exhaustive framework of the complex regime of businesses, services and infrastructures in the maritime and port services, following two main directives, which are public issues - private issues, from the one side, and the regime of shipowner's business and the related services - the regime of seaports and port services.

In particular, classes will deal with the following topics:

1. The relevant sources of law;

2. The main international, EU and domestic authorities with power of governing and regulating the sector;

3. The ship's regime;

4. The shipowner and its agents and servants;

4.1. Non-contractual liability of the shipowner;

5. Contracts for the use of the vessel;

5.1. Bareboat charter;

5.2. Time and voyage charterparties;

5.3. The contract of carriage in general and the notion of carrier;

5.4. The contract of carriage of passengers and goods by sea;

5.5. Multimodal transport;

5.6. Transport documents with regard to carriage of goods by sea. The bill of lading;

6. ICC Incoterms® Rules;

7. Salvage;

8. General average;

9. The regime of maritime transport services;

10. The regime of seaports and port services.

Readings/Bibliography

The exam must be prepared on the following textbooks (available also as ebooks):

S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, IV ed., vol. I, Milan, 2020, chap. I (par. 1.1, 1.4, 3.2.1, 3.3.1, 3.3.2, 5, 6, 7, 8, 11, 16, 17, 18, 25, 26), II (par. 1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 5, 6, 7, 8, 9), III (par. 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 1.8, 1.9, 3, 4.1, 4.2, 4.3, 5.1, 5.3, from 6.1 to 6.10), IV (par. 1, 2, from 3.1 to 3.5, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13), V (par. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14), VII (par. 1, 4, 5, 6, 7, 8, 9, 10, 11), VIII, IX, X, XI (par. 1, 2, 3, 4, 5.1, 5.2, 5.3, 6, 9, 10, 21), XIV, XV, XVII, XVIII (par. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20), XIX, XX, XXI, XXII, XXIII and XXIV).

S. Zunarelli - A. Romagnoli - A. Claroni, Casi e materiali di diritto pubblico dei trasporti, Bologna, Bonomo Editore, 2018, or its last edition, chap. I and IV. Students cannot study previous editions of this textbook, since some parts of the program have been significantly changed in order to follow the most recent law reforms. It is therefore necessary to study on updated materials.

Students will be informed about further law updates during the classes through Prof. Orrù's presentations and other materials that will be uploaded on the repository of teaching materials https://iol.unibo.it/.

Further useful material for preparing the exam or deepening specific topics that could be of interest for the students, could be suggested during the classes also through notices published on the above-mentioned platform.

For this purpose, students are kindly invited to enroll in the course's website on the IOL platform.

Teaching methods

The course is scheduled during the second semester.

Lectures are aimed at soliciting the involvement of students and a critical approach to the topics discussed, also through the exam of case studies and international standard form contracts and clauses.

Particular attention will be paid also to the analysis of practices and case-law.

Workshops concerning specific topics and involving the participation of experts could be organized: students will be informed about them during the course and also through notices published on the professor's website.

Assessment methods

The exam consists of an oral interview aimed at assessing the knowledge acquired by the student, who will be invited to discuss the different issues included in the exam program indicated below.

The interview will in particular assess the student's ability to identify - within the law sources and the reference and bibliographic material - the relevant information for the proper awareness and to consequently explain the peculiarities of the issues concerned.

In order to pass the exam, it is necessary to correctly answer to three main questions relating to the topics specified in the exam program provided below. The student's preparation can be assessed also on the basis of further questions aimed at deepening aspects relating to the three main questions.

An evaluation of excellence can be granted to students demonstrating to have acquired a comprehensive and critical vision of the topics addressed, as well as to master the specific language and contents of the course.

During the exam the use of aids, such as textbooks, notes, computer devices, is not allowed.

Exam program for students that did not regularly attend classes:

The exam program coincides with the topics listed above in the Program / contents section.

Exam program for students having regularly attended classes:

Attendance is recommended. Students having attended at least the 50% of classes La frequenza dell'insegnamento è raccomandata. Gli studenti che risulteranno aver frequentato assiduamente le lezioni per almeno il 50% del totale avranno la possibilità di sostenere l'esame su una delle seguenti parti, a scelta dello studente:

1. Shipowner, carrier and shipping contracts (S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, in particolare chap. V (par. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14), VIII, IX, X, XI (par. 1, 2, 3, 4, 5.1, 5.2, 5.3, 6, 9, 10, 21), XIV, XV, XVII, XVIII (par. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20), XXI and XXII);

2. Ship's regime and law on safety, security and protection of the environment (S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, in particolare chap. I (par. 8, 11, 17, 18, 25, 26), II (par. 1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 5, 6, 7, 8, 9), III (par. 1.1, 1.2, 1.3, 1.4, 1.5, 1.7, 1.8, 1.9, 3, 4.1, 4.2, 4.3, 5.1, 5.3, from 6.1 to 6.10), IV (par. 1, 2, from 3.1 to 3.5, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13), XXIII and XXIV);

3. The regime of seaports, port services and maritime carriage services (S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, chap. I (par. 17, 18), IV (par. 7, 8, 9, 11, 12), XIX and XX; S. Zunarelli - A. Romagnoli - A. Claroni, Casi e materiali di diritto pubblico dei trasporti, chap. I and IV).

Students having achieved the attendance in the same academic year of the subject entry in the study plan, will be able to take the exam from May/June.

For organizational reasons, given that, during the exam periods, the Professor will be in Ravenna only for exam purposes, students are kindly invited to cancel from the exam list or to inform Prof. Orrù at least the day before the exam, should they decide not to take it on the date for which they enrolled.

Teaching tools

Power point presentations and teaching materials, which will be uploaded on the website https://iol.unibo.it/, websites, books and papers meant to deepen some topics of the course.

Further technological materials, deemed useful to teaching purposes, could be used.

Disabled Students or with specific learning disabilities (SLD) needing compensatory tools, may inform the professors about their needs in order to be addressed to the School’s specific Services and agree on suitable measures.

Office hours

See the website of Elena Orrù

See the website of Vincenzo Battistella