Conflitti di sovranità e di leggi nei traffici marittimi tra diritto internazionale e diritto dell'Unione europea

The monograph covers a wide range of topics related to international maritime traffic regulation from the specific perspective of conflicts of sovereignty and conflicts of law arising therefrom. As far as conflicts of sovereignty are concerned, after an initial chapter devoted to the role of international uniform law in the field of maritime traffic, the authors explore the concept of ships’ nationality and, in turn, the functions of the flag State and the necessary co-ordination with the functions performed by the coastal State and the port State. Specific attention is then paid, in subsequent chapters, to the loss of sovereignty of EU Member States in transport matters in favour of the European Union with special regard to the application of common market principles in the maritime traffic sector as well as to the prohibition of horizontal agreements and its impact on the continuing existence of the so-called “maritime conferences”. The following chapters deal, in turn, with various issues relating to conflict of laws in maritime traffic: specific attention is paid, in this respect, to the impact of the “Rome I” and “Rome II” European regulations on the law applicable to contractual and non-contractual obligations. In particular, among the topics dealt with by the authors are the law applicable to maritime casualties, the law applicable to contracts of carriage, and the law applicable to maritime labour contracts. The discussion conducted in each chapter contains complete references to pertinent scholarly works, national, European and international case law as well as a series of comparisons with specific provisions pertaining to individual jurisdictions. A comparative approach is therefore adopted for the purpose, inter alia, of showing merits and flaws of national, European and international legislative solutions.