Rivista del Diritto della Navigazione

LIMITAZIONI RISARCITORIE NEL TRASPORTO DI COSE E AZIONI DI RECUPERO TRA SURROGAZIONE, REGRESSO E RIVALSA

Monica Brignardello — 2025-06-30

The paper addresses the damages limitations and the recovery actions – «regresso», «surrogazione» and «rivalsa» – which entitle a party who has compensated for a loss, despite not being the actual liable party, to seek reimbursement from the debtor.
After delimiting the scope of the analysis to the contract of carriage of goods and briefly recalling both the international and domestic framework on the limits of the carrier’s liability across the various modes of transport, the paper outlines in concise terms the distinctions among three remedies of recovery.

DECLINAZIONI DEL COMANDO TRA AEROMOBILI MANNED ED UNMANNED

Umberto La Torre — 2025-06-30

With digital technology, the only thing the pilot has in common with the people on board is time. The spaces where the action takes place are different and the cause-effect relationship is not contextual.
Remotely piloted aircraft are based on absence. The fact that some people (cabin crew and passengers) are on board and others (the pilot of the remotely piloted aircraft) are far away upsets the established balance.
When compared to traditional aircraft pilots, the role of the pilot of an unmanned aircraft appears incomplete and diminished. Incomplete because it is deprived of powers that cannot be separated from those assigned by law to the aircraft (or ship) captain; diminished because it is incomplete and imperfect, emptied of that expansive force of which the captain is the sole interpreter.

SPEDIZIONIERE, OPERATORE MULTIMODALE, VETTORE: VERSO UNA FIGURA UNITARIA?

Marco Badagliacca — 2025-06-30

The article analyzes the transformation of freight transport towards multimodality and logistics, highlighting how carriers are taking on broader tasks beyond the mere transfer of goods from one place to another, according to the provisions of article 1678 of the Italian Civil Code.
The legislative interventions in articles 1696 and 1677 bis of the Italian Civil Code reflect a legislative awareness of the sector’s shift towards a unitary transport system, with a possible unitary figure of logistics operator.

CONFLICT-OF-LAW PROVISIONS IN THE LABYRINTH OF THE EUROPEAN SPACE LAW

Jakub Handrlica — 2025-06-30

This article aims to contribute to the scholarship on the emergence of European Space Law. It seeks to deal with the question of how the national space acts, as recently adopted in Europe, cope with each other. Thus, this article does not aim to analyse the entire content of the recently adopted national space legislation but focuses entirely on the problem of the exist-ence or absence of conflict-of-law provisions in national space acts. Firstly, the article addresses the issue of state responsibility for national space activities under international space law. Af-ter that, three major recent approaches to conflict-of-law provisions in the national space acts are being analysed. Firstly, examples of the unilateralist approach are presented (Austria, Slovakia), and the disadvantages of this approach are identified. Further examples of conflict-of-law provisions, which provide for modifications in territorial (Portugal) and personal (the Principality of Liechtenstein, Cyprus, and France) jurisdiction, are presented. In this respect, this article also provides a brief critical analysis of the recently published proposal for a future EU Space Law with respect of conflict-of-law issues.

IL PILOTAGGIO COME SISTEMA DI GESTIONE DEL RISCHIO

Adele Marino — 2025-06-30

On July 6, 1988 an offshore platform, the Piper Alpha, exploded in the North Sea. As a consequence, IMO developed the Formal Safety Assessment (FSA). FSA aims at reducing any risk when practicable and managing those that cannot be eliminated by developing mitigation measures.
A mitigation system can be an external and/or internal measure to the ship. The pilot’s activity in pilotage in a modern risk management perspective can be considered an external and active component of risk mitigation for the ship.
The article examines pilotage and the international regulations adopted by IMO for the training of pilots, highlighting its role as a link between board and land.

SPUNTI SULLA TRANSIZIONE DIGITALE NELLA LOGISTICA DEI TRASPORTI AGROALIMENTARI

Francesca Fabi — 2024-12-30

This article explores the digital transformation of logistics in the agri-food transport sector. In Italy, article 1677 bis of the civil code categorizes logistics contracts, which encompass complex and integrated services, as service contracts, but it leaves some interpretive uncertainties unaddressed.
The digitization of the agri-food supply chain leverages new technologies, including the Internet of things (IoT), blockchain, and smart contracts. These technologies are crucial for ensuring traceability, security, and real-time data sharing throughout the supply chain.
At the supranational level, the e-CMR protocol and the e-FTI regulation facilitate the dematerialization of transport documents, standardizing information exchanges between operators and authorities. Additionally, the NIS2 directive establishes a common cybersecurity framework that imposes obligations on private entities operating in critical sectors, including transport.
Despite these regulatory initiatives, the widespread adoption of new technologies faces challenges such as high costs, interoperability issues among diverse systems, and the need for physical infrastructure. Developing this infrastructure also raises further concerns regarding environmental sustainability.

TRANSPORT LAW: IS THERE SUCH A THING?

Hugo Ramos Alves — 2024-12-30

Bearing in mind the classic debate about the possibility of affirming a unitary Transport Law system, this essay argues that, albeit the fragmentation of the legal framework regulating the different means of transport, it is possible to affirm a unitary system, based in common principles stemming from the different applicable laws and/or conventions regulating transport.