Search results for "Reign"
showing 10 items of 1082 documents
Effect of Incorporation of Foreign Species on the Solid State Properties of Anodic Films on Ti
2014
Foreign direct investment and the rule of law in Africa in the context of legal integration
2018
This essay focuses on the relationship between foreign direct investment (FDI) and the rule of law in the context of legal integration in Africa, outside of the AfCFTA agreement. Specifically, the essay investigates the concept of the rule of law, taking into account its ‘dynamic’ side, that is the power to shape and model the structure of a state using the example of OHADA. The OHADA framework shows that the relationship between foreign direct investment (FDI) and the rule of law is not unilateral but a ‘two-way mutual’ relationship where both actors contribute to the success of the system, adapting to each other in order to achieve their respective goals.
Foreign Direct Investments and the Rule of Law in Africa in the context of legal integration
2019
This essay focuses on the relationship between foreign direct investment (FDI) and the rule of law in the context of legal integration in Africa, outside of the AfCFTA agreement. Specifically, the essay investigates the concept of the rule of law, taking into account its ‘dynamic’ side, that is the power to shape and model the structure of a state using the example of OHADA. The OHADA framework shows that the relationship between foreign direct investment (FDI) and the rule of law is not unilateral but a ‘two-way mutual’ relationship where both actors contribute to the success of the system, adapting to each other in order to achieve their respective goals.
Free trade or fair trade? Possible scenarios in the light of the EU-Japan Economic Partnership Agreement
2021
The present work focuses on the EU-Japan Partnership Agreement, whose consolidated text was finalized on December 2017, having regard to the protection of social rights: in this regard a specific attention will be paid to the EPA chapter on trade and sustainable development and to the negotiations of the Investor-state dispute settlement (ISDS) clause, taking into account the current EU approach as formalized in other recent trade agreements.
La “detenzione amministrativa” degli stranieri irregolari nell’ordinamento italiano e dell’Unione europea ed il diritto fondamentale di ogni persona …
2013
AdmInIstratIve Detention of Irregular Foreigners in Italy and in the European Union and the Fundamental Human Right to Personal Freedom and Proper Defense. Foreigners are particularly subject to the restriction of personal freedom. A great number of countries resort to the detention of irregular migrants and asylum seekers by reason of the violation of immigration laws, including irregularly crossing the State border, using false document, non-possession of identification documents, staying after the permit of stay has expired, etc.. In Italy and in other member States of the European Union we can notice an ordinary use of administrative detention of foreigners (without authorization to ent…
Prevenzione del terrorismo ed espulsione degli stranieri dopo il “decreto sicurezza” del 2018
2019
Il saggio esamina la disciplina dell'espulsione degli stranieri per ragioni di prevenzione del terrorismo dopo il decreto sicurezza del 2018 The essay examines the discipline of expulsion of foreigners for reasons of prevention of terrorism after the Security Decree of 2018
Sovranità tributaria, territorialità dell’imposizione e mercato globale : una sfida ancora aperta
2019
L’articolo muove da una preliminare - quanto breve - analisi del pensiero storico-filosofico che ha condotto allo sviluppo del concetto di sovranità a cavallo fra i secoli XVII, XVIII e parte del XIX, allo scopo di individuare un possibile elemento identitario della sovranità tributaria come declinazione del concetto più generale di sovranità. Si analizza, poi, l’evoluzione della sovranità fiscale nelle costituzioni successive alla seconda guerra mondiale, con particolare riferimento a quella italiana, e si giunge alla conclusione che si tratta di una sovranità “indirizzata” dal rispetto di diritti fondamentali garantiti da quelle costituzioni. Si analizza successivamente il rapporto fra so…
La crimmigration e l'espulsione dello straniero-massa
2017
The article primarily aims at offering a theoretical reconstruction of the fundamen- tal characteristics of the so-called crimmigration strategy, as it appears in Italian law. The author’s main thesis is that what differentiates this strategy from the ways in which Italy has traditionally dealt with undesired foreigners is not so much the instruments that are deployed, but the way in which the foreigner him/herself is conceived: not as an individual, but as a “mass-foreigner”. The paper goes on to show how this new conception has affected the legal regulation of expulsions, as it has emerged, in Italy, during the last thirty years. Finally, the author tries to locate crimmigration within th…
il concetto di danno nell'etica liberale e i suoi critici
2017
The Concept of Harm according to Liberal Ethics and Its Critics. In this article, I will look at the harm principle and the concept of harm, analysing their importance from a philosophical and legal point of view and addressing some objections that Arthur Ripstein and Ronald Dworkin advance against the harm principle.
A Just Criminalization of Irregular Immigration: Is It Possible?
2015
The aim of this paper is to question, from the perspective of a principled theory of criminalization, the legitimacy of making irregular immigration (IM) a crime. In order to do this, I identify three main ways in which the political decision to introduce a crime of IM may be defended: according to the first, IM is a malum in se the wrongness of which resides in its being a violation of states’ territorial sovereignty; according to the second, IM is a justified malum prohibitum the wrongness of which resides in its being a violation of a justified immigration regulation; according to the third, IM is a malum in se the wrongness of which resides in its harmful consequences for receiving stat…