Navigazione da diporto e istituti del diritto della navigazione

In several interventions on recreational boating I had the chance to highlight, on one hand that the legislative framework that regulates recreational boating has certain specialty requisites with respect to navigation law, and on the other hand it constitutes a mere sector legislation, as opposed to being a proper branch of the law: this is important to amend frequent assertions which are often hurried and not supported by the necessary scientific and systematic support of navigation law. The specialty of the subject matter of recreational boating, and of the relevant legislation find their unitary base in the fact that in recreational boating the technical factor is less intense compared to the one found in navigation law, which is the ground on which the autonomy of navigation law is based. The discipline of recreational navigation can undoubtedly be related to common law as to certain aspects which have been set aside by navigation law as strictly intended. Therefore the discipline of recreational navigation, instead of representing a form of further departure from common law compared to the departure from navigation law, it represents a reconciliation with the principles and the rules of the former, from which the latter has moved away.

Alfredo Antonini, Navigazione da diporto e istituti del diritto della navigazione in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 17-18/2016, pp 5-12, DOI: 10.3280/DT2016-017001