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L’ASSICURAZIONE DELLA RESPONSABILITÀ PER DANNO DA PRODOTTO NEL SETTORE AERONAUTICO. FUTURE EVOLUZIONI NELL’AMBITO DEL SINGLE EUROPEAN SKY
No full textThe article aims at examining the main characteristics of the aviation
product liability regime and related insurance coverages as developed
in the US, UK and Italy. Since the latter has elaborated insurance
contracts taking into consideration the experience and practice of US
and UK, the analysis will compare the London Aircraft Insurance Policy
Form AVN1D and the ABC (Aircraft Builders Council Inc.) form
with the Italian form. The analysis also considers how the various
forms evolve and change in relation with the new technologies applied
to aircraft and air transport infrastructure (such as ATM, ATN etc.).
The future new technologies of SES (Single European Sky-SESAR programme)
and the capabilities of these technologies could change the
current allocation of risks and liabilities among the various operators
of the aviation sector. Modern anti-collision devices promise to increase
safety and reduce pilots’ workload. Meanwhile, the allocation of
risk and liability among the various stakeholders of the air traffic is
changing, as product liability claims assume greater importance and
the operators’ risks decrease. In particular, some of the most important
technologies, which will be implemented once SES comes into operation,
are examined in an attempt to understand whether such technologies
will change the current position regarding allocation of responsibility
and consequently insurance obligations
Il diritto aeronautico
No full textLa quarta edizione del volume - che tratta in forma chiara e completa tutti gli istituti del diritto aeronautico - si caratterizza oltre che per la consueta revisione generale del testo e per gli aggiornamenti giurisprudenziali e normativi, per l’inserimento di nuovi capitoli, alla luce dell’evoluzione tecnologica che sempre caratterizza il settore. Sono state richiamate recenti decisioni sulla tutela del passeggero, sui contratti di utilizzazione degli aeromobili e in materia di concorrenza e aiuti di Stato. Due nuovi capitoli esaminano la normativa per l’utilizzo dei velivoli senza pilota (droni) e dei velivoli elettrici a decollo e atterraggio verticale (Vertical Take-Off and Landing), in grado di trasportare persone e merci in prossimità delle aree metropolitane, e i parametri di sostenibilità in aderenza al Green Deal europeo e all’Agenda 2030 ONU
Eccezione di forza maggiore ed eccessiva onerosità sopravenuta nei contratti di vendita di soft commodities
No full textSoft commodities’ markets have been considerably disrupted over the last two years,
with substantial fluctuations caused by a global crisis in stock supplies. The execution
of contracts of sale of wheat, sun seeds and oils has been impacted with many contracts
being defaulted. This paper analyses the legal remedies available under Italian law and
the GAFTA and FOSFA standard forms
Drones for Civil Use: European Perspective on Third-Party Liability and Insurance
No full textFor many years drones have been widely used for military missions. More than 30 nations are developing or manufactoring over 250 drone models and over few years the development and operation of European unmanned aircraft - either military or civilian - will be one of the most important challenges and, at the same time, one of the biggest opportunities for the European Community and its industries, allowing them to stay in the vanguard of technological and commercial development in the aerospace industry. Whereas the military drones market has been steadily growing, civil drones operations have developed quite slowly, due, to some extent, to the lack of a regulatory framework. The civil use of drones could be significant and extensive: policing activities, traffic management and monitoring, fisheries protection, pipeline surveying, coverage of large public events, border patrol, agricultural management, power line surveying, aerial photography, global envinronmental monitoring and security related operations and many other possible applications. However, these vital activities can only be carried out if drones are able to fly with other air traffic, beyond segregates areas and within national or international airspace. Where it has been identified that existing reguolations cannot accommodate civil drones, a regulatory framework needs to be developed to determine what Technologies or procedures are essential for achieving the objective of a safe introduction of drones for civil purposes. The absense of a clear legal framework has recently forced the European Union and international organizations and institutions to address the mater of regulation, highlighting the numerous legal problems created by their use. This article will examine the recent interventions of the European institutions, which show the EU's awareness in setting up a framework regulation in order to allow this new type of Aircraft to fly in the common airspace. Nevertheless, awareness is not enough for achieving thsi objective when the legal instruments remain unclear. In the following pages, we will try to identify some of them
Aviation product lability insurance in US, UK, and Italian law systems
No full textThe complexity of the insurance liability from defective aeronautical product and the high-risk level of the air transport sector imply a highly specialized insurance market. This market is characterized by principles common to the US, UK and Italian insurance
practices. Th e market in which insurance companies operate is characterized by continuous operating improvements and technical innovations that have allowed a reduction of aviation accidents. However, we have seen that the technologies bring new vulnerabilities due to new devices, as well as by the increasing regulation of the sector. Th is led to the confi guration of further
assumptions of liability and reimbursable damage. Europe is now facing a new challenge with the initiative of the Single European Sky (SES-SESAR) aiming to improve the integration and effi ciency of air traffi c management, step up the air navigation
services and increase safety. Therefore, the insurance practice should be re-evaluated in the light of SES and the introduction of new technologies. Among the risk factors that the insurance market will have to take into account there is certainly the human factor, which is still a major cause of aeronautical accidents, including those due to product liability, at least with regard to the
design and installation of aircraft components. Therefore, it will be interesting to examine whether the development of SES will contribute not only to prevent aircraft accidents but also to develop new safeguards to protect the aviation sector, including
the insurance services, allowing insurers to offer competitive policies appropriate for the future technological changes
Italy
No full textAccording to recent official statistics from the Italian Ministry of Infrastructure and Transport (2012–2013), gross fixed investment in the Italian transport sector represented 8.3 to 9.9 per cent of the total economy between 2000 and 2013.
A globalised sector such as air transport will be influenced by the general European trend of the gradual decline of the national flag carrier (in Italy, this would be Alitalia), entailing that fewer and fewer public funds are invested and more private capital enters the sector. Moreover, traditional carriers are losing ground to foreign low-cost carriers and also face increased competition from high-speed trains on some critical national routes. With respect to shipping, Italy is traditionally known for its family shipping businesses, its few listed companies and analysts, and a very traditional approach to financing. Shipping represents a major branch of Italy’s maritime economy, which in turn plays a key role in the national economy: the turnover of the sector was around €40 billion.
Currently, shipping is almost exclusively financed by private capital in Italy. In all, around 40 operators dominate the market; the main three of these control 50 per cent of it, while the top 10 account for more than 80 per cent of the sector.
Finally, regarding the railway sector, Italy’s national railway company FS, formerly a public agency, became a limited company in 1992. The rail market was also liberalised but Trenitalia, wholly-owned by FS, remains the major Italian rail carrier of passengers and goods. The public sector has in fact financed rail transportation in Italy with considerable investment. This explains the state’s vested interest in the profitable functioning of the rail market; in the past few years, the relative percentage invested in railways – especially in high-speed trains – has increased. Nonetheless, the first private company recently entered the rail market in Italy
Introduction to the legal frameworks and challenges of unmanned aircraft systems in Europe
Full text linkThis chapter provides an introduction to the edited collection, which explores the evolving legal landscape of unmanned aircraft systems (UAS) across 11 European jurisdictions, highlighting the urgent need for a cohesive legal framework to address the complexities introduced by UAS. As these technologies become integral to various sectors, clear and effective regulations are essential to manage the challenges of integration into European airspace
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