Law of the sea. A book analyzes legislative aspects related to the boating world
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What happens if a charter company does not deliver the boat I paid for? What are the safety responsibilities of a sailing instructor? What happens to me if I sail in marine protected areas? What responsibility do I have if a crew member gets hurt aboard my boat while we are sailing? What if I hit a moored boat? What are the responsibilities for any construction defects? Which ones are those of the organizing body of a regatta? What about in the case of damage caused by a wrong kitesurfing maneuver? What happens if a professional racer gets hurt? Are there responsibilities of the coach if an athlete is injured during a training session?
Questions of this kind must have a legally valid answer, in a country such as ours, with 7,400 km of marine coastline, 500 lakes having an area greater than 0.2 km2 and 1,200 rivers and other waterways, and in which water sports, including of course our much-loved sailing, are a very important asset for national tourism. All the more so when reading what the EESC (European Economic and Social Committee) stated, “Tourism and sport are two sectors that will play an increasingly important role in Europe’s economic and social well-being in the future. Their key role is unanimously recognized worldwide” and in line with the evolution of a society increasingly attentive to the psychophysical well-being of the individual. An articulated legal framework is crucial for all the untapped potential related to water sports to come to the surface. There are several things that should be done from a legal point of view in the boating world, such as the implementation of landmark legislation for marinas.
The volume edited by Umberto Izzo and Francesco Morandi, “WATER. Seas, lakes and rivers” (G. Giappichelli Editore – 677 pp – 75.00 euros), addresses precisely the civil and criminal responsibilities of water-related tourism sports. Among the various issues covered, the following are analyzed in depth:
– marinas and mooring facilities as necessary infrastructure for the practice of water sports: extensions of port state concessions, maritime domain for tourist-recreational use;
– The establishment of responsibilities related to the teaching of water sports;
– contracts for the use of recreational units and the liabilities resulting from such use, dwelling on the collision between units. What happens if I don’t pay the rent?
– The responsibilities of the yachtsman to the “third party.”
– The position of the yachtsman within the categories of contractual and non-contractual liability;
– The criminal liability aspects related to boating.
There is also a chapter entirely devoted to the sport of sailing, edited by Laura Trovò, Stefania Bevilacqua and Stefania Rossi in which they analyze:
– The conduct of the regattas;
– The civil responsibilities associated with sailing by examining the requirements for sailing;
– the areas of liability related to the position of all those involved, in boating as well as during the organization of sporting events and teaching within the IVF, including insurance profiles;
– the specific rules on sport sailing and civil liability during sailing regattas;
– Criminal responsibilities descended from the practice of sailing;
– Civil and criminal liabilities in windsurfing and kitesurfing (edited by Rossana Ducato);
– Civil liabilities that may fall on managers of amateur sports associations;
– analysis of the specificity of damages that may be subject to compensation;
– the role of insurers in managing the risk associated with sailing activities.
www.dirittodeglisportdelturismo.it
www.lawtech.jus.unitn.it/index.php/law-of-tourism-sport-mission
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