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, on the one side, and
• the regime of shipowner's business and the related services - the regime of seaports and port services, on the other.

In particular, classes will deal with the following topics, taking into consideration also other (compulsory or optional) teachings provided by the same Course:

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. Demise 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. The ICC Incoterms® Rules;

7. Salvage;

8. General average;

9. The regime of maritime transport services;

10. The regime of seaports and port services;

11. Environment protection and the prevention of sea pollution.

Readings/Bibliography

The exam must be prepared on the following textbooks:

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, 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 (available also as e-book), or its last edition, chap. I and IV. Students cannot study previous editions of this textbook, since some parts of the programme 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 'Virtuale'.

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, which will be used also for communications addressed to all the students.

Students are therefore kindly invited to enroll in the course's website on 'Virtuale'. For this purpose, students have to log in the University website with their own personal institutional credentials and scroll the menu 'Online services' in the header of Unibo home page, above the website logo. The Unibo website provides students with instructions and tutorials for using the 'Virtuale' platform and other useful services.

Teaching methods

The course is scheduled during the second semester.

The lessons will have a dynamic approach and will be aimed at soliciting the involvement of students and a critical approach to the topics discussed, also through the exam of case studies, where students will be involved in order to encourage them to study the topics there discussed and facilitate the comprehension of the course's topics, along with 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, in particular the actual achievement of the learning outcomes. The student will be invited to discuss the different issues included in the exam programme indicated below.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking. 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 programme 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.

By way of example (taking also into consideration the inner complexity of abstractly converting in advance the above-mentioned criteria into scores), the following criteria will be used to assign the final mark (that will be out of 30/30, with honours for the best students), provided that in order to pass the exam a sufficient knowledge and comprehension of the topics and adequate language skills are needed:

- knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language: 18-19/30;

- knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language: 20-24/30;

- comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology: 25-29/30;

- extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments: 30-30 Hons/30.

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

Exam programme for students that did not regularly attend classes:

The exam programme coincides with the topics listed above in the Programme / contents section. In particular, each student will be granted the possibility to select one of the two following groups of the above-mentioned course contents for the assessment of her/his preparation:

A. Items 1, 2, 3, 7, 8, 9, 10 e 11 (S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, chap. I (para. 8, 11, 17, 18, 25, 26), II (para. 1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 5, 6, 7, 8, 9), III (para. 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 (para. 1, 2, 3, 7, 8, 9, 10, 11, 12, 13), VII (para. 1, 4-11), XIX, XX, XXIII and XXIV; S. Zunarelli - A. Romagnoli - A. Claroni, Casi e materiali di diritto pubblico dei trasporti, chap. I and IV);

B. Items 1, 4 and 4.1, 5 (including items from 5.1 to 5.6), 6, 7 and 8 (S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, chap. I (para. 8, 11, 17, 18), II (para. 1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 5, 6, 7, 8, 9), V (para. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14), VII (para. 1, 4-11), VIII, IX, X, XI (para. 1, 2, 3, 4, 5.1, 5.2, 5.3, 6, 9, 10, 21), XIV, XV, XVII, XVIII (para. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20), XXI, XXII, XXIII and XXIV).

Exam programme for students having regularly attended classes:

Attendance is recommended. Students having attended at least the 50% of classes will be granted the possibility to select one of the three following groups of the above-mentioned course contents for the assessment of their preparation:

1. Shipowner, carrier and shipping contracts (S. Zunarelli, M.M. Comenale Pinto, Manuale di Diritto della navigazione e dei trasporti, in particular chap. V (para. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14), VIII, IX, X, XI (para. 1, 2, 3, 4, 5.1, 5.2, 5.3, 6, 9, 10, 21), XIV, XV, XVII, XVIII (para. 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 particular chap. I (para. 8, 11, 17, 18, 25, 26), II (para. 1, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 5, 6, 7, 8, 9), III (para. 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 (para. 1, 2, from 3.1 to 3.5, 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 (para. 17, 18), IV (para. 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.

Exams could be held in presence or on-line or both, depending on and in compliance with applicable regulations and safety protocols.

For organizational reasons, in case of in-presence exams, 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 'Virtuale' platform, multimedia tools for interactive and dynamic teaching, 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