Search results for "AW [Intelligence agency]"
showing 10 items of 651 documents
A Synthetic View of Different Concepts of Creditor Protection - Or a High-Level Framework for Corporate Creditor Protection
2006
Protection of corporate creditors has become an important topic within the European Union. At EU level, discussion has been sparked by widespread dissatisfaction with some very rigid and cumbersome provisions, and even with the whole concept of the Second Company Law Directive. At EU Member State level, three landmark decisions by the European Court of Justice — Centros, Uberseering, and Inspire Art — opened the way for an all-out competition between the different company forms provided for by national company laws. At both levels, albeit for different reasons, British company law — and in particular the absence of any legal capital in the private limited company — acts as the main driving …
International Bankruptcy in Spain
2011
International Bankruptcy Law is a very trendy topic. Many countries have reformed their national Acts seeking to adapt them to the current economic situation. Also Spain did this some years ago. The New Spanish Bankruptcy Act of 2003 includes some rules on International Bankruptcy. These rules are directly linked to the EU Regulation on cross-border insolvency and depend on it. The article analyze in depth solutions embodied in the Act and their -not always easy- relationship with the Regulation. Something that happens in some other EU Member States.
Institutional Entrepreneurship, Trust, and Regulatory Capture in the Digital Economy
2019
In regard to the problem of the new markets' opening and their regulation, some scholars have introduced the concept of “institutional entrepreneur” in economic literature. This new definition of entrepreneur is important to highlight, albeit in informal and descriptive terms, the existence of functional relationships between activities typical of private market competition and those more specifically, of the public sector. Even if this new economic character can provide an interesting key to understanding what can really happen in the narrow zone that separates the public and private markets, it does not consider some conceptual components that are not minor for the purposes of complete ch…
A critical analysis of corruption and anti-corruption policies in Italy
2020
Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on proc…
Succession of states in respect of state responsibility: towards yet another Vienna Convention
2020
The end of the twentieth century was characterised by a series of state dissolution cases, such as the breakup of Czechoslovakia, the Socialist Federalist Republic of Yugoslavia, and the Soviet Union. In that context, the rules on state succession regained relevance, with the issue of state succession in respect of international responsibility becoming central. The topic first attracted the attention of the academic community and subsequently was chosen by the International Law Commission for study and codification. The present article examines the historical evolution of the rules on the succession of states, providing a review of case law where the Court referred to the concept of state s…
The European Union's Proposal for an International Investment Court: Significance, Innovations and Challenges Ahead
2016
International audience; Rampant discontent with the current system that governs the protection of international investment and the functioning of investment tribunals has led to a widespread view that there is an urgent need for reform. This is particularly pronounced in the context of investor-state dispute settlement (ISDS). The European Union (EU) has responded to this need by proposing the creation of an international investment court. With its political weight, the EU confers unprecedented legitimacy on the critics of the current ISDS system and reveals investment dispute settlement in the light of public international law, breaking with its background in commercial litigation. The art…
Quale disciplina per la violazione di norme internazionali?
2023
In this chapter the traditional legal issues concerning the legal regime which applies to international law violations are described, according to an original perspective. First of all, some specific problems (such as the place of fault and damage; the moment in which a violation can be considered as being committed, and the conditions governing such a commission; the role to be recognized to countermeasure in the general framework of the legal consequences of internationally wrongful acts, etc.) are solved, at variance with the mainstream opinion. Second: the elements of an internationally wrongful act as well as its legal effects are both examined with regard to the general regime and som…
Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?
2019
PurposeThis paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level.Design/methodology/approachThe paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them.FindingsThe study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success of every national strategy, given that transnational criminals are encouraged by the awareness that thei…
Cosa nostra and Camorra: illegal activities and organizational structures
2016
This article intends to develop an introductory reflection concerning the most recent trends of two of the major Italian mafia organisations: the Sicilian Cosa Nostra and the Campanian Camorra. Following a comparative perspective, the analysis will focus the attention on changes that have occurred in recent years both at the level of illegal activities and at the level of organisational structures. After the bombs of the nineties, Cosa Nostra has moved towards a flexible and less centralised organisation, investing dirty money in the legal economic sector, to reduce its exposure to law enforcement investigations. At the same time, the Camorra clans have considerably widened their range of a…
The periodic reporting procedure of the United Nations System and the human right to water: opportunities and challenges
2020
A água é fundamental para a vida. Contudo, foi apenas nos anos 70 que o acesso a este bem começou a ser discutido, a nível internacional, como um direito humano. Antes disso, algumas Convenções e Tratados das Nações Unidas reconheciam, de alguma forma, o direito à água, mas tal direito tinha que ser inferido de outros direitos ou estava limitado à uma determinada categoria de pessoas. Independentemente das suas limitações, estes textos podem reforçar a aplicação do direito humano à água, especialmente através dos seus mecanismos de monitoramento: os relatórios periódicos e os casos litigiosos. Assim, o objetivo deste artigo é analisar em que medida o mecanismo de relatórios periódicos pode …