IL DIRITTO DELLA NAVIGAZIONE E DEI TRASPORTI NELL’ETÀ DIGITALE. NIHIL NOVI SUB SOLI ET SUPRA MAREM?

The article highlights the present-day relevance of the teachings of the «Neapolitan School of Navigation Law» on the importance of the historical evolution that led to today’s legal framework. The author (who adheres to the unitary theory of transport law) focuses on the mutual influences between the conventions of uniform law relating to the various means of transport, which had already been highlighted by Gustavo Romanelli and, in particular, on the subject of liability and compensation limitations, as well as on the so-called «exclusivity of action». According to the author, another area in which the study of historical evolution appears particularly relevant is that of the organization of nautical work. The author highlights, in general, the importance of considering the economic and social context and technological evolution at the time of the enactment of navigation and transport laws and their capacity to adjust and govern totally new phenomena, such as spatial navigation and opportunities and risks of the internet. On the other hand, historically, navigation and transport law was the first field in which mandatory legal rules were introduced as limitations to the contractual autonomy between entrepreneurs, to reduce the disequilibrium of the bargaining power disparity (such as the nullity of clauses exempting the carrier from liability for loss and damages to cargo in the legislation on railways at the end of the XIX century and the mandatory regulation introduced in the US by the Harter Act of 1893 and in the legislation it inspired).