COMPARATIVE PORT REGULATION

The course focuses on a sector, of key importance from a macroeconomic point of view, such as that of the management and regulation of national, European and international port infrastructures.

Classes are divided into 6 teaching units, organized according to a path that allows the learning and interpretation of the national and international regulations examined and the case studies. The purpose is to allow students to progressively achieve a comprehensive view of the existing laws relating to national, European and International Ports.

For the purpose of the course there are no prerequisites.

The course will start with an analysis of the Italian ports' regulatory framework, focusing on the one hand on the regulation of the provision of port services in general and on how to access the market for these services and on the other on the administrative regime of the port infrastructure, having regard, therefore, to the description of the various bodies of the Port System Authority and their respective functions.
Subsequently, the analysis will be oriented towards the interpretation of the legislation envisaged at Community level, especially in light of Regulation (EU) 352/2017, which has prepared a general framework for the provision of port services and common rules on the issue of financial transparency of ports. A particular focus will be devoted to the administrative / management regime for the ports of Antwerp, Hamburg and Rotterdam.

During the first half of the course, the basics will be set to deal with the comparative analysis of foreign laws, which will mainly focus on the regulation of the port sector in the East, therefore in the main Chinese ports, and on the potential impacts of the Belt and Road Initiative on the system of financing for Italian port infrastructures.
Furthermore, always in a comparative perspective, the issues of maritime and port security will be addressed (therefore an analysis that will focus on the concept of "security" in the two common meanings of safety and security), focusing on the one hand on the implementation of the measures of prevention that take the form of the various forms of inspection of ships in port as part of the Port State Control procedures, and on the other hand the profiles connected with the implementation of the provisions of the ISPS Code (The International Ship and Port Facility Security Code ) on port security against terrorist and piracy attacks. In this regard, the analysis of the measures adopted by national ports in order to face and avoid the spread of Coronavirus, will be brought as a case study.
Finally, the last part of the course will focus on contracts relating to the transport of goods by sea.
In this unit, therefore, the freight contract by sea according to Italian and international legislation, some of the forms normally used by operators in the sector and the different types of charter parties will be analyzed respectively.

Powerpoint presentations and supplementary teaching material relating to the topics covered during the lessons will be made available to students in electronic format.
Students will therefore be able to dispose of the material in advance of the day on which the related topic will be discussed and illustrated in the classroom, so as to encourage active participation and better organization of the study.

Given the originality and innovative nature of the subject matter, useful materials will be made available to students, in the form of handouts, targeted collections of normative sources, case law judgments, articles of doctrine and case studies. The material, therefore, will focus on the following topics:

1. Introduction to the concept of Port and Port Facilities
2. The current Italian port system
3. European Port Law
4. The Belt and Road Initiative – Its impact on Italian Ports
5. Safety and Security issues relating to Maritime Shipping and Port Infrastructures
6. Main contracts in the maritime shipping sector

The exam consists of an oral interview on topics foreseen in the exam program.

oral

The course will be held through lectures, generally with presentation of Powerpoint slides.
In order to encourage the involvement of students, comparative studies relating both to the different legislations and the management systems of the port infrastructures will be proposed. During the classes, a particular focus will be put on the analysis of the main contracts used by the operators in the shipping market.

English

This subject deals with topics related to the macro-area "Cities, infrastructure and social capital" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development