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INTERNATIONAL LAW OF AIR NAVIGATION

Academic year and teacher
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Versione italiana
Academic year
2022/2023
Teacher
MASSIMO CAMPAILLA
Credits
6
Didactic period
Primo Semestre
SSD
IUS/06

Training objectives

Training objectives:
The course is organized in agreement between the Department of Law and the A.M.
The purpose of the course is to make students (both UNIFE registered and external - military and civilian - enrolled in the "free course", in particular the UNIFE / COA convention) acquire the main knowledge of national and international air navigation regulations, also in relation to to military flight activity.
Particular attention will be paid to the defense profiles of the national airspace and to the coordination of this activity with international standards.
Main skills developed:
The aim of the course is also to favor the effects of theoretical knowledge acquired at a strictly operational level through concrete cases of practice. Therefore, during the course there is the verification of the concrete skills acquired through the examination of practical cases by groups of students.

Prerequisites

INSTITUTIONS OF PRIVATE LAW, CONSTITUTIONAL LAW

Course programme

- The sources of air navigation law and of military air law. The hierarchy of sources in the Italian legal system. The sources of air navigation law. The sources of military air law.
- Civil aeronautical State property (demanio aeronautico civile statale) and military aeronautical property (demanio militare aeronautico)
- Notion of aircraft
- The revision of the part of the Code of Navigation concerning aviation and the reorganization of the Italian civil aviation. The Ministry of Infrastructures and Transport.
- The Transport Regulation Authority (ART). The Italian Civil Aviation Authority (E.N.A.C.). The ENAV S.p.A.
- The Chicago Convention. Its principles. The International Civil Aviation Organization (I.C.A.O.). The International Air Transport Association (I.A.T.A.). The European Civil Aviation Conference (E.C.A.C.)
- The European Aviation Safety Agency (E.A.S.A.). The Eurocontrol. The NATO Air Traffic Management Committee (N.A.T.M.)
- The Single European Sky
- Use of air space and air navigation services
- Air transport for government
- The enquiries on air accidents of private and government aircraft
- Legal responsibilities connected to military flights
- National sovereignty: exercise of jurisdiction and air space defence
- Remotely piloted aircraft and international humanitarian law
- Military aircraft and peace support operations

Didactic methods

The course will last 42 hours:
8 hours dedicated to the exercise,
34 hours of intensive lessons, with 6 hours of lessons per day, administered mainly in person, except for some in streaming as indicated in the calendar. The latter will be provided using the Google Meet platform. the link for connecting to the virtual classroom will be communicated before the course starts.

Learning assessment procedures

Oral exam will take place in person.
The verification consists in the oral exam, aimed at ascertaining the achievement of the objectives described above. The examining commission will ask the candidate a minimum of 2 questions concerning the topics indicated in the course content.
For attending students, the outcome of the oral exam is supplemented by the evaluation of the exercise, according to this scheme:
- evaluation of the exercise: excellent (2 points more);
- evaluation of the exercise: very good (1 point more),
- evaluation of the exercise: good, sufficient or insufficient (no additional points).

Reference texts

- A. De Rosa - V. Simonetti, Lezioni di diritto aeronautico militare (e book);
- Umberto La Torre - Alfonso Ariu, Tra tutela della sicurezza e violazione delle regole.
Il volo Ryanair 4978 del 23 maggio 2021 in Rivista della Navigazione n. 2 vol. L anno 2021 pagg. 561e ss.*
- I. T. Madarena, note a margine del Report Icao «event involving Ryanair flight fr4978 in Belarus Airspace on 23 may 2021» in Rivista della Navigazione n. 2 vol. L anno 2021 pagg. 857 e ss.*

*matirial distributed during the lessons.

For non-attending students,
A. Masutti "Il Diritto Aeronautico" ed. G. Giappichelli, 2020