Search results for " Comparative law"
showing 10 items of 32 documents
Law and glocalization
2022
The chapter intends to analyze the existing relationship between, law, globalization and grobalization. Having briefly illustrated the key concepts of globalization and grobalization, in order to examine the above relationship the chapter analyzes first the concepts of hybridity, mixity and diffusion as used in comparative law, in order to determine to which extent the same concepts as used in legal sociology cannot create misunderstandings. After having clarified all the key elements for the analysis, then the chapter focuses on how globalization and grobalization intersect with law, putting forward some related examples. The chapter ends with some conclusive remarks.
The COVID-19 Crisis, Human Rights and Unfair Models of Production: The Case of Migrant Workers in the Agri-food Sector in European Countries
2022
Since its outbreak, the COVID-19 crisis has sharply exacerbated the structural inequalities that characterize the socioeconomic systems of European Union (EU) countries, disproportionately impacting people most affected by discrimination and social exclusion. The Covid-19 crisis has also brought under the spotlight the significant role of migrant workers in core sectors – such as the agri-food sector – disclosing how they are fundamental in the economic and societal functioning of EU countries. At the same time, the pandemic has sharply disclosed the limits of long supply chains (in terms of price distortion, unfair competition and distribution dynamics), as well as the conditions of exploi…
Cloud Computing e protezione dei dati nel web 3.0
2014
Il cloud computing è un ritrovato deputato all'archiviazione, elaborazione e uso di dati su computer remoti, grazie al quale gli utenti hanno a disposizione una potenza di elaborazione quasi illimitata, non sono tenuti ad investire grandi capitali per soddisfare le proprie esigenze e possono accedere ai loro dati ovunque sia disponibile una connessione Internet. Il presente scritto si propone di contribuire ad una migliore comprensione della nuova tecnologia e alla ricostruzione dell'attuale (invero scarno) quadro giuridico, ciò che può aiutare a superare i principali problemi posti dalla nuvola al diritto dei privati e riconducibili, primariamente, alla protezione dei dati, al diritto dei …
Surrogate Motherhood in Italy
2011
Lo studio ricostruisce in chiave critica e comparata la normativa italiana sulla fecondazione artificiale tra pregi (pochi) e difetti (molti)
Mediation in Taiwan - The ideology of harmony v. ideology of justice
2014
A Comparative Study on the Implementation of the Free Movement Directive: Transposition, Application and Enforcement in Belgium, Italy and the UK Com…
The Free Movement Directive is the key EU legal instrument that regulates the free movement of persons within the thirty-one countries that make up the European Economic Area. Implementation of Directive 2004/38 by the Member States has been far from satisfactory and the Commission has deplored the fact that not a single Member State had been able to implement the Directive correctly. The enforcement action that the Commission has so far taken does not appear to have necessarily been linked to how well transposition complies with the Directive in individual Member States. In other words, the way in which the Directive has been written into national law does not seem to be the only factor th…
Le sollecitazioni delle Corti e l’inerzia del legislatore in tema di suicidio assistito. Un confronto tra Italia e Inghilterra
2019
Starting from the analysis of the decision of the Italian Constitutional Court on the ���Cappato case���, the essay is the occasion for a joint reflection between Italian constitutional law and comparative law on the subject of assisted suicide and euthanasia, which seems to determine the inertia of the legislators in the face of activism of the Courts, perpetually seeking a dialogue with the first. To suffer the most serious damage of these attitudes are the sick, who in this matter more than ever need certainty to the law.
Diritti fondamentali, terrorismo e privazione della cittadinanza
2023
This article intends to contribute to the debate on the legal legitimacy of the revocation of citizenship as a measure to counter terrorism, examining in a comparative perspective the recent legislative developments and the related case law in Belgium, France, the United Kingdom and Italy.
Obsolescenza precoce e garanzia di durabilità nella vendita di beni di consumo: note comparatistiche
2023
The essay analyses the legal guarantee of contracts for the sale of consumer goods under Directive (EU) 2019/771, which has expressly introduced durability as an objective requirement for conformity to achieve more sustainable consumption patterns and a circular economy in an increasingly digital-driven market. Such regulatory innovation, however, does not lengthen products' lifespans nor raise consumer protection against premature obsolescence. In anticipation of the revision of the directive by the first half of 2024, the Author underlines the main weaknesses of the legal guarantee of durability and, assisted by the use of a comparative method, suggests that only a pre-contractual informa…
e-Health and the Internet of Things. Definitions, applications, regulation, actors. Roadmap to a use cases research.
2015
This reports deals with the electronic health (e-Health) as a prism to study the Internet of Things. After having provided the necessary definitions and having described applications, regulators, regulations and actors both in the UK, in the US and in the EU, the author sets the basis for a use cases research regarding the e-prescribing.