Search results for "comparative Law"
showing 10 items of 97 documents
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
Biopiracy and the right to self-determination of indigenous peoples.
2018
Abstract Background: Since over thirty years, I work on the unclear legal situation of in which indigenous peoples find themselves today in the beginning mainly in the USA and later also in Canada, Australia and New Zealand. The status of indigenous people and native nations is characterized as a mixture of national and international law. Hypothesis/Purpose: To clarify the status of indigenous people it is necessary to analyze and interpret carefully hundreds of old treaties, international declarations and covenants, national statutes and jurisprudence, especially the old leading decisions of the US-Supreme Court. Such an analysis and interpretation should prove that indigenous people have …
Challenging the Rule of Political Liberalism
2020
Abstract The origin of the ongoing conflict between the EU and Poland may, according to the author, partly be subscribed to the EU-institutions conceptualization of the rule of law. This conceptualization, which in the article is referred to as “the rule of political liberalism”, establishes a particular set of legal institutional and substantial frames and limits for national democratic politics. Granted that the rule of law is an inherently contested concept, the author deconstructs the rule of political liberalism, reveals its weaknesses and ideological bias and proposes an alternative understanding of the rule of law. “The rule of pragmatism” is based on a pragmatic conceptualization of…
La regina Elisabetta II (1926 – 2022)
2022
L'articolo ricostruisce la recente storia del Regno Unito e le caratteristiche salienti del common law attraverso la figura della Regina Elisabetta II
The limits of the law and the future of compliance
2017
Compliance in modo estremamente generale significa conformità ai requisiti, alle regole o agli standard dichiarati. Il nocciolo della questione è come dobbiamo conformarci e in che misura. Dobbiamo obbedire in modo "cieco" alle leggi (statutarie) o dobbiamo confondere i confini tra esperienza e prudenza, legalità e ragione? Dopo una descrizione dei principali aspetti della conformità (guardando al modello del Bribery Act), il presente documento cerca di delineare le difficoltà concrete del rispetto della conformità. La compliance è un fenomeno generale non solo o prevalentemente circoscritto alla corruzione, alla corruzione, alla frode alla pubblica amministrazione e all'istigazione, ecc., …
Stirring the European legal systems: the Italian perspective in a comparative overview
2008
Stirring the European Legal Systems. The Italian perspective in a comparative overview
One Belt One Road: Understanding China’s activism in contemporary world. Does the flap of a butterfly’s wings in China set off a tornado in Europe (U…
2018
The project of economic integration of the Countries of Eurasia, so called One Belt One Road (OBOR) or “the new silk belt road” initiative, on which President Xi Jinping is focusing to realize the great "Chinese Dream" of a strong and prosperous China, until now and notwithstanding a strong and widespread mediatic impact, is no more than a declared foreign policy strategy pursued by the Chinese Government to achieve two different sets of results. The first, and most important (as well as undervalued) is to close China’s internal development gap between coastal and inland regions, through the creation of a widely interconnected national logistic and industrial infrastructure which will serve…
Ethics in Legal Research
2023
The essay grapples with one of the most controversial issues about legal research, namely its complex ethical and methodological dimension—here argued to be comparative—assessing the high scientific value of studying law. After clarifying what differentiates such a field of research from other natural and social studies, the authors address the presence of secondary interests and the need to use personal data for scientific purposes, as relevant situations which could undermine the reliability of any legal research or allow its thoroughness at the risk of interfering with human rights. The adherence to a rigorous and effective method in investigating national and foreign law, and the compli…
Creating mixed jurisdictions: legal integration in the Southern Africa Development Community Region
2011
The article examines the development of harmonized law in SADC and its possible development as a mixed jurisdiction
New frontiers of comparative law
2013
Proceedings of a conference held in Macau on the same theme