Journal articles on the topic 'Customary law – Italy'

SummaryIn its recent decision in Jurisdictional Immunities of the State (Germany v Italy: Greece Intervening), the International Court of Justice (ICJ) held that Italy had failed to respect immunities enjoyed by Germany under international law when the Italian courts allowed civil actions to be brought against Germany for alleged violations of international human rights law (IHRL) and the law of armed conflict (LOAC) committed during the Second World War. This article evaluates the three arguments raised by Italy to justify its denial of immunity: first, that peremptory norms of international law prevail over international rules on jurisdictional immunities; second, that customary international law recognizes an exception to immunity for serious violations of IHRL or the LOAC; and third, that customary international law recognizes an exception to immunity for torts committed by foreign armed forces on the territory of the forum state in the course of an armed conflict. The author concludes that the ICJ was correct to find that none of these arguments deprived Germany of its right under international law to immunity from the civil jurisdiction of the Italian courts.

Abstract After uncovering Russian espionage activities on Italian territory, Italy expelled two Russian diplomats allegedly involved in such activities. The Italian decision, as well as the Russian response, offer a classic example of States’ reaction to acts of non-violent espionage. This comment offers a legal assessment of the events that unfolded in March 2021 and takes into account the implications, in matters concerning espionage, of declarations of persona non grata, diplomatic immunity and, generally, customary international law.

Abstract The present article describes the arbitral proceedings in the investment dispute between Italy and Cuba, with special regard for the Final Award rendered in 2008. The arbitration has raised a number of interesting issues in the application of customary international law, including the admissibility of claims in diplomatic protection in investment disputes under a BIT, the application of the rule on the exhaustion of local remedies, the attribution of acts of State-owned enterprises to the State and the use of general international law as a means to interpret treaty provisions defining the scope of the BIT. Some of these aspects have proved particularly controversial, as shown by the thorough dissenting opinion attached by arbitrator Tanzi, and they are critically analysed. The arbitration confirms the profound interdependence of bilateral treaties and customary international law in international investment arbitration.

Abstract In the judgment delivered in the case concerning Jurisdictional Immunities of the State (Germany v. Italy), the International Court of Justice held that under the present state of international customary law State immunity encompasses all acta jure imperii, regardless of whether they are unlawful. Following the ruling that States are entitled to jurisdictional immunities before foreign courts even if their sovereign acts amount to violations of peremptory norms, the Court found that Italy had violated Germany’s immunity from jurisdiction and enforcement. In rendering such a conservative judgment, the Court missed a double opportunity: to contribute to the development of international law by interpreting the rule on sovereign immunity in harmony with international human rights law and its dynamics, and to finally serve justice for the victims of war crimes.

Abstract The finding by the International Court of Justice in the case concerning Jurisdictional Immunities of the State that Italy violated its obligation to respect Germany’s immunity from civil jurisdiction comes as no surprise. The anticipated conclusion of the Court is the outcome of the powerful tradition of framing State immunity as a rule to which an exercise of jurisdiction by a domestic court is an exception expressly established under customary international law. As technically faultless as this finding may appear, it sits uncomfortably with deeper, structural developments in international law that challenge the very application of the ‘rule-exceptions’ framework of State immunity. This article questions the underlying assumption upon which the Court’s judgment is premised: that State immunity operates as a predominant rule, to which only exceptions that are established under customary law can apply, and it proposes an alternative understanding of the doctrine of State immunity.

In August 2012, the First Criminal Division of the Court of Cassation (Supreme Court or Court), the highest Italian domestic court, issued a judgment upholding Germany’s sovereign immunity from civil claims brought by Italian war crime victims against Paul Albers and eight others in the Italian courts (Albers). In so doing, the Court overruled its own earlier decisions and also reversed the judgment of April 20, 2011, by the Italian Military Court of Appeal (Military Court), which had upheld such claims relating to war crimes committed by German forces in Italy during World War II. With this ruling, the Court of Cassation put an end to its decade long effort to find an exception to the well-known rule of customary international law providing for sovereign immunity from foreign civil jurisdiction for actsjure imperii. Thisrevirementresulted from the Court’s decision to give effect to the judgment of the International Court of Justice (ICJ) inGermany v. Italy.

The dispute between Italy and India on the Enrica Lexie incident has finally been decided by the Award handed down on 21 May 2020 by the Arbitral Tribunal to which the Parties had referred the case. After having concluded that it had jurisdiction on the issue of the immunity of the two Italian marines involved in the case at hand, the majority judgment (by three votes to two) affirmed that under customary international law the latter enjoyed functional immunity from the criminal jurisdiction of India. This article will argue that the Arbitral Tribunal’s conclusions are unconvincing, first and foremost, considering that, based on State practice, it is not possible to affirm without reservations that a settled customary rule exists under international law conferring immunity to all State officials, and regardless of the type of functions they perform. In fact, immunity has often been recognized as applying only to certain categories of State officials, and on the basis of the governmental nature of the functions they perform on behalf of the State. Given the doubtful existence under customary international law of a clear rule establishing the functional immunity of all State officials, for all the acts performed in the exercise of their functions, this article argues that the Arbitral Tribunal should have firstly ascertained the existence of a specific customary rule on the immunity of the military abroad, together with the exact content of such rule and, secondly, whether this was applicable in the case of the Enrica Lexie. As current practice stands, military forces abroad are entitled to immunity only under specific circumstances, which do not seem to occur in the present case. In particular, this article maintains that the Italian marines were not entitled to functional immunity. While the acts they performed did indeed fall within their typical functions, they were exercised on behalf of a private subject and not on behalf of the Italian State.

The ICJ judgment concerning jurisdictional immunities of the State (Germany v. Italy) is disappointing both for its general approach and for its legal grounds. It shows a traditional, positivistic, conservative and state-centered conception of international law and does not offer any opening towards a progressive development of such law. Moreover some legal arguments of the Court are not convincing. In particular, the Court does not deepen the main issue of the dispute, that is, the possible conflict between the customary norm on foreign State immunity and the customary norms on prohibitions of war crimes and of crimes against humanity by all States, which belong to ius cogens. But the Court avoids dealing with the problem of ius cogens, by simply stating that there is no conflict between the former and the latter norms, because "the two sets of rules address different matters". This argument is quite formalistic and is not convincing, because the procedural character of the rule on immunity does not prevent the judge from dealing with the merits of the dispute, by establishing the nature of the State conduct and the possible existence of an exception to immunity. In any case, the argument of the Court could have been overcome by maintaining that: 1) contemporary international law provides for two customary rules giving the individual victim a right of access to justice and a right to obtain reparation when he suffered war crimes and crimes against humanity committed by a State; 2) these rules do not have, usually, a peremptory character, but they become peremptory when they are absolutely the only means to redress the breach of a ius cogens rule, such as the prohibition of war crimes and of crimes against humanity; 3) in such a case, there is a true conflict between the instrumental and peremptory rules on access to justice and reparation and the rule on State immunity; 4) this conflict cannot be avoided by saying that the two sets of rules address different matters; 5) the conflict should be solved through the predominance of the rules on access to justice and reparation over the rule on State immunity, because customary norms of ius cogens prevail over simple customary norms. Perhaps the International Court of Justice was not ready to accept these arguments, which aim at strengthening the role of human rights, of the individual and of ius cogens in contemporary international law. But the Court could, at least, have dealt more closely with them and paid some attention to the progressive development of international law.

The International Court of Justice rendered four judgments in 2012: on February 3, a ruling on the merits inJurisdictional Immunities of the State(Germany v. Italy; Greece intervening), finding that Italy had violated its obligations under customary international law and requiring Italy to ensure that the decisions of its judicial authorities that infringed Germany’s immunities would cease to have effect; on June 19, a ruling on the compensation owed by the respondent inDiallo(Guinea v. Democratic Republic of the Congo), awarding Guinea $85,000 for non material injury to Diallo and $10,000 for material injury to his personal property;on July 20, a ruling on jurisdiction, admissibility, and the merits inQuestions Relating to the Obligation to Prosecute or Extradite(Belgium v. Senegal), finding jurisdiction and admissibility, and holding that Senegal had breached its obligations under Articles 6 and 7 the UN Convention Against Torture (CAT); and on November 19, a ruling on admissibility and the merits inTerritorial and Maritime Dispute(Nicaragua v. Colombia), finding admissible one of Nicaragua’s final submissions(which Colombia had challenged as a new claim), deciding that Colombia has sovereignty over a number of contested maritime features, and establishing a single maritime boundary delimiting the continental shelf and exclusive economic zones of the two countries.

Abstract This paper considers the way in which Italian authorities introduced jurisprudence of the Court of Appeals as a source of law in Libya from 1911 to 1943. Aimed at resolving the tensions that resulted from the interplay between local customs, Islamic law, and the Italian legal codes, such a recourse to jurisprudence was a clear departure from Italy’s own code-based legal system. This judicial innovation was also a change from the practices introduced in British and French colonies, where the codification of a hybrid European-local law had become the norm. Divided into three parts—jurisprudence as source of law in Italy, its uses in the colonies, and jurisprudence in practice (through the analysis of the sentences on shuf ʿa, the customary right of pre-emption)—this article illustrates Italian jurisprudential law in Libya as an example of the theoretical problems and practical advantages of legal pluralism in a colonial context. Cet article examine comment les autorités italiennes ont introduit la jurisprudence émanant de la Cour d’appel en tant que source de droit en Libye de 1911 à 1943. Destiné à résoudre les tensions qui ont résulté de l’interaction entre les coutumes locales, le droit islamique et les codes juridiques italiennes, un tel recours à la jurisprudence était clairement une rupture avec le système basé sur les codes juridiques en usage en Italie. Cette innovation judiciaire était également différente des pratiques introduites dans les colonies britanniques et française, où la codification d’un hybride euro-locale était devenue la norme. Divisé en trois parties—la jurisprudence comme source de droit en Italie, ses utilisations dans les colonies, et la jurisprudence dans la pratique (à travers l’analyse des décisions sur le shuf ʿa, droit coutumier de préemption)—cet article illustre le droit jurisprudentiel italien en Libye comme un exemple des problèmes théoriques et des avantages pratiques du pluralisme juridique dans un contexte colonial.

AbstractThe pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under current international customary law, but also under a prospective de lege ferenda. Nevertheless, different options are open to the ICJ to adjudicate the case, without impinging on possible future developments of state practice. The article closes by pointing at the risks that, in a strict dualist/pluralist perspective, not even an ICJ's decision in favour of Germany would eventually ensure compliance by Italian domestic judges.

AbstractThis paper had its origins in a study of Benvenuto Stracca's De mercatura. The purpose of the study was to determine whether there was anything in that work that supported the notion that there was a system of customary mercantile law in operation in Italy in Stracca's time. The answer to that question proved to be a rather resounding 'no', and the arguments that lead to that conclusion will be published elsewhere. In the process of examining Stracca's sources, much information appeared about how the jurists of the fourteenth, fifteenth and early sixteenth centuries did deal with mercantile matters and, in particular, the way in which they manipulated the concept of equity to achieve what they deemed to be just results in such cases. Limitations of space allowed consideration of only a couple of procedural examples intheprevious paper. The story, it seemed to me, deserved consideration in its own right. What follows, then, is a fuller consideration of the use of equity by the commentators in their handling of mercantile cases, beginning, as the previous paper did, with Stracca's general remarks on the topic.

AbstractThis article addresses the onset of a decades-long conflict between the ruler of the Holy Roman Empire King Ludwig IV of Bavaria and the papacy. When Ludwig intervened on behalf of antipapal factions in northern Italy in 1323, Pope John XXII issued an ultimatum demanding that Ludwig immediately cease to exercise the royal power and title on the pretext that he had never received papal approval of his royal election. Failure to comply meant that the king would fall under sentence of excommunication. Ludwig responded with nearly identical appeals issued in Nuremberg and Frankfurt. Against previous arguments that these appeals were either legal documents operating within the confines of Roman Canon law or artifacts of protomodern realpolitik, this article argues that the “Nuremberg” and “Frankfurt Appellations” emerged from the king's preoccupation with his honor. His Appellations utilized the language and form of Roman Canon law to defame his opponent while he sought to ennoble and justify his actions with a rhetoric mirroring that in supposed repositories of imperial customary law such as the Sachsen- and Schwabenspiegel. In arguing that German custom superseded the jurisdiction of papal law in his Appellations, Ludwig elevated a discourse concerning royal elections to the highest levels of imperial politics where it would remain and find inclusion, in intent if not precise formulation, in the famed Golden Bull of 1356.

In the past decades, the European Union and its member states have increasingly relied on externalization and non-arrival strategies for migration control. One of the latest developments is the decision by Malta and Italy to unilaterally close their ports to vessels carrying migrants rescued at sea. The article examines the conformity of such practices with the international law of the sea and focuses especially on the customary port of safety principle. It also addresses the applicability of the European Convention on Human Rights in cases where the rejected vessels have not entered the territory of a member state. The paper provides a novel approach for the establishment of the European Court of Human Rights’ jurisdiction in such cases of extraterritorial migration control, arguing that the jurisdiction could be founded on the imputable-public-power-test. Based on the analysis of potential violations of rights guaranteed by the Convention and its Protocols, the respective practices may, depending on the individual cases, violate the non-refoulement principle and/or the prohibition of collective expulsion.

Aimed at reducing structural homogeneity and symmetrical competition in even-aged forest stands and enhancing stand structure diversity, the present study contributes to the design and implementation of adaptive silvicultural practices with two objectives: (1) preserving high wood production rates under changing environmental conditions and (2) ensuring key ecological services including carbon sequestration and forest health and vitality over extended stand life-spans. Based on a quantitative analysis of selected stand structure indicators, the experimental design was aimed at comparing customary practices of thinning from below over the full standing crop and innovative practices of crown thinning or selective thinning releasing a pre-fixed number of best phenotypes and removing direct crown competitors. Experimental trials were established at four beech forests along a latitudinal gradient in Italy: Cansiglio, Veneto; Vallombrosa, Tuscany; Chiarano, Abruzzo; and Marchesale, Calabria). Empirical results indicate a higher harvesting rate is associated with innovative practices compared with traditional thinning. A multivariate discriminant analysis outlined significant differences in post-treatment stand structure, highlighting the differential role of structural and functional variables across the study sites. These findings clarify the impact of former forest structure in shaping post-treatment stand attributes. Monitoring standing crop variables before and after thinning provides a basic understanding to verify intensity and direction of the applied manipulation, the progress toward the economic and ecological goals, as well as possible failures or need for adjustments within a comprehensive strategy of adaptive forest management.

This article deals with the question of demilitarization and neutralization of the ?land Islands in respect to international law regulating this issue. In this paper it was not intented to go into details of all historical phases and changes of the ?land's status, but rather to concentrate on international treaties regulating this question, which are still in force. ?land is an autonomous, demilitarized and neutralized region of Finland with a largely Swedish-speaking population. The ?land Islands form an archipelago in the Baltic Sea. They are situated in the entrance to the Gulf of Bothnia. Its legislative autonomy and a strong protection for its population's Swedish language and culture are enshrined in the Finnish constitution. The ?land Islands are located in a very strategically important place. There are three problems under international law connected with the ?land Islands: that is to say, demilitarization, neutralization and autonomy of ?land. After the Crimean war it was decided that Russia should not fortify the ?land Islands. The strategic position was one of the factors that influenced the decision of the Paris Peace Conference in 1856 to demilitarize the ?land Islands. After the Crimean War (1854-56) an appendix to the 1856 Treaty of Paris forbade Russia from establishing fortifications, maintaining or building up a military presence and naval forces on the islands. In 1917 Finland gained independence from Russia and ?land became for a number of years a source of controversy or even conflict between Finland and Sweden as a result of the ?landers' demand for ?land's reunification with Sweden. In 1921 the League of Nations resolved the ?land question. ?land remained a part of Finland but gained autonomy along with the historically rooted principles of neutrality and demilitarization. In October 1921 the Convention relating to the non-fortification and Neutralization of the ?land Islands was signed by Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Poland, Sweden and the United Kingdom. The Western powers did not regard Bolshevik Russia as a sovereign state after the revolution of 1917 and Russia (the Soviet Union) was not a party to this convention. The treaties that regulatedthe demilitarization and neutralization were: 1) the 1856 Convention on the Demilitarisation of the ?land Islands (annexed to the 1856 Paris Peace Treaty), 2) the 1921 Convention on the Demilitarization and Neutralization of the ?land Islands, 3) bilateral treaty of 1940 between Finland and Russia (the Soviet Union) on the demilitarization of the ?land Islands and 4) the 1947 Paris Peace Treaty. There is no cause to doubt the continuance in force of the demilitarization and neutralization of ?land. The treaties and agreements of 1921,1940 and 1947 are still in force. ?land's demilitarization and neutralization remain beyond question, despite the changes in the political context. The ?land Islands are both demilitarized and neutralized, the main purpose is to keep it completely outside the armed actions of armed conflicts. ?land's status received renewed attention in the 1990s in view of the changes taking place in Europe. The 1994 treaty on Finland's accession to the EU recognizes in its Protocol No. 2, that the ?land Islands enjoy a special status under international law. Furthermore, another legal regulation dealing with this question is the Additional Protocol I to the 1949 Geneva Convention on the protection of war victims (Article 60) obligates States Parties to respect demilitarized zones during international armed conflicts. ?land's demilitarized and neutralized status has a strong foundation and position in the international law. Some experts and writers have described this status as a example of a "permanent settlement" or "objective regime" in international law. According to another experts (H. Rotkirch), the special status of the ?land Islands is of such long standing " that it has without doubt become part of customary international law and is thus binding on the international community as a whole". Since 1970, ?land has had its own representation in the Nordic Council and participates in the work of the Nordic Council of Ministers. Since 1989, ?land is a member of the Council of Europe. One might also mention the fact that, ?land stands outside the EU tax union and has retained the limitations on ownership of land and operation of business.

The reformation of family law in Somalia, which is mostly Moslem populated and Syafi’ian in fiqh, greatly affected by Its social and political constellation. The colonialization of Britain and Italy, Its political and ideological affiliation to the Soviet Union during the cold war, as well as the dictator government for about 3 decades in after Its independence. In the development, those factors have revoked the family code reformation to its traditional roots there namely some parts of customery law and Syafi’ian Islam in fiqh. Such a detachment os Islamic law tradition had evoked a long serious conflict between the government and the society, particularly the Islamic scholars. This conflict even took a toll.

The retail sector, under the pressure of digitalization and technological innovation, has experienced profound changes in the last decade, and retailers have had to cope with these changes by implementing new business models and competitive strategies with the aim of satisfying the consumers’ needs. In the last few decades, the sector has been affected by different new trends, from the birth of supermarkets to the advent of e-commerce, up to the introduction of cashierless stores. The latter represents a new category of store that is totally computer-based and digitalized, in which the use of cameras, sensors and self-shelves minimizes human interaction. Amazon pioneered this emerging concept, with the launch of Amazon Go, but other start-up companies are rapidly entering the cashierless retail market and embracing the challenge. The purpose of this paper is to analyze the knowledge of Italian consumers of cashierless shops, and the relevance of different factors related to this new kind of shops. A questionnaire was sent to a sample of more than 1000 consumers to identify and evaluate the actual situation and knowledge of this phenomenon, which is not yet diffuse in Italy. A statistical analysis, regarding both their knowledge about cashierless stores and the customer experience, is provided to discuss the most relevant factors affecting the customers’ perceptions and attitudes, with a comparison per gender and type of users. The results of the provided analysis reveal that the phenomenon is very little known, and this is certainly influenced by the lack of these stores in Italy.

Tourism has a key role in the global economy, and it is a significant contributor to environmental degradation and climate change. Concurrently, it is one of the most exposed businesses to the deterioration of environmental quality. Inside the tourism sector, the hospitality industry accounts for nearly 30% of emissions and in recent years has begun to introduce voluntary tools to manage the environmental impacts of its operations. Among these instruments, ecolabels ensure compliance with specific environmental performance criteria and reliable communication. In Italy, Legambiente Turismo is the most widespread tourism ecolabel that awards over 300 hotels. Previous investigations have shown that firms implementing environmental sustainability practices may gain economic advantages in terms of savings thanks to increased efficiency and reduced waste. At the same time, when evaluating firms’ performance, it is relevant to explore how customers perceive the actions implemented by the accommodation industry to minimize the environmental impact of its activities. Through a survey addressed to the customers of an eco-labeled hotel, this paper investigates if green practices form a specific dimension of service quality and if these green practices are considered by hotel guests as excitement factors among hotel service quality attributes. Results show that customers identify environmental practices as a specific dimension of eco-labeled hotels. Moreover, applying the three-factors theory of customer satisfaction, findings identify hotel green practices as delighting guests if properly delivered and communicated. Findings have significant implications both from a theoretical and managerial viewpoint, as they show that customers positively recognize the hotel’s commitment toward the natural environment, representing a significant differentiation strategy on the market.

Abstract: Passing on is a key factor to define the locus standi of the claimant in damages claims in national courts. In particular, the concept legitimizes the legal standing of the indirect customer in case the direct purchaser transferred the damage to the indirect customer. Secondly, it can be relied by the defendant in case the direct customer ‘passed on’ the damage to its customers and thus it did not suffer any harm to have legal standing (i.e. passing on defence). Passing on can be considered a general principle of EU law, elaborated by the Court of Justice jurisprudence in relation to the restitution of unlawful charges and later extended to other EU policies. The article looks at the application of the principle of passing on in EU competition law, in the light of case law of the Court of Justice, soft law adopted by the EU Commission and the Damages Directive. In particular, the article assesses the application of the principle of passing on in four EU Member States (i.e. Germany, France, Italy and UK), analyzing for each jurisdiction the national case law on passing on and the on-going transposition process of the Damages Directive. The aim of the article is to assess whether the concept of passing on had already been recognized by national case law in the selected jurisdictions before the Damages Directive and thus to evaluate the ‘added value’ of EU acquis on passing on in the legal systems of the selected jurisdictions. Résumé: La répercusssion du surcoût est un facteur clé pour définir le locus standi du plaignant dans les réclamations de dommages et intérêts devant les tribunaux nationaux. En particulier, le concept légitimise l’intérêt à agir du client indirect au cas où l’acheteur direct répercute le dommage sur le client indirect. Deuxièmement, il peut être invoqué par le défendeur au cas où le client direct “répercute” le dommage sur ses clients et donc n’a pas subi de préjudice pour être fondé à agir (c.à d. répercussion du surcoût). La répercussion peut être considérée comme un principe général en droit de l’UE, élaboré par la jurisprudence de la Cour de Justice en matière de dédommagement pour préjudice subi illégalement et étendu plus tard à d’autres politiques européennes. L’article étudie l’application du principe de répercussion en droit européen de la concurrence, à la lumière de la jurisprudence de la Cour de Justice, du droit non contraignant de la Commission de l’UE et de la Directive relative aux dommages et intérêts. En particulier, l’article analyse l’application du principe de la repercussion dans quatre Etats membres (Allemagne, France, Italie et Royaume Uni), étudiant pour chaque pays la jurisprudence nationale en matière de répercussion et le processus de transposition en cours de la Directive sur les dommages et intérêts. L’objectif du présent article est de rechercher si le concept de répercussion a déjà été reconnu, avant la Directive sur les dommages et intérêts, par la jurisprudence nationale dans les pays choisis et donc d’évaluer la “valeur ajoutée” de l’acquis communautaire de la répercussion dans les systèmes juridiques des pays sélectionnés. Mots-clés Intérêt à agir; Application par les particuliers du droit européen de la concurrence; Actions en dommages et intétêts pour infraction aux règles de la concurrence; Répercussion du surcoût; Intérêt à agir du clie

Purpose The purpose of this paper is to provide a first impact assessment of the Italian quota law in order to explore whether “gender equality by law” contributes to redefining, albeit in part, consolidating and establishing positions of power and decision making. The paper analyses these dynamics by focusing on a specific economic sector, the banking sector. The analysis strives to determine: whether binding quotas are giving rise to an apparent enforcement by building up new distortionary equilibria (such as new forms of horizontal segregation); what extent the financial crisis has impacted on the rhetoric of female representation, and whether it has pushed towards a “regenerative” organizational change aimed at achieving a more inclusive and egalitarian image. Design/methodology/approach The paper is organized as follows. Section 2 reviews the theoretical and empirical debate on gender diversity and quota impact. Section 3 reports macro and micro data on the italian system; Section 4 describes the Italian banking system and gives a first impact assessment on Italian banks of the mandatory gender quotas in Italy (the so-called “Golfo-Mosca law,” named after MPs who proposed the law); some qualitative considerations are carried out on the reactions of Italian banks to the financial crisis in terms of “bridge policies” aimed at corresponding to a higher demand of customer satisfaction and fairness. Section 5 concludes and summarizes the finding of the study. Findings The Italian banking system is not so dramatically ranked among the EU countries as in the recent past. The gender rebalance in management bodies could be considered rather satisfying. If we compare ten-year-old findings, the number of women on board of directors has tripled. But data clearly show a dichotomy due to significant differences between listed and non-listed banks. In non-listed banks, women are still relegated to an under-represented position, reaching only 13 percent on boards of directors (as against 33 percent in listed banks). The data confirm the results found in non-financial sector that women are significantly better represented on audit boards. In accordance with all previous studies, no relevant changes can be noticed on key-decision roles: no CEOs or Directors general are women in listed banks, and women are always more represented in non-executive functions. Originality/value The paper analyses the law experience in Italy as a significant case study by proving that rules such as temporary binding gender quotas (introduced by law in 2011) can be useful, but not always enough to remove blocking or distortive factors in organizational ladders.

This research aims to understand how self-service technologies (SSTs) can bring about service excellence for tourists by the moderated mediating effect of satisfaction and tourist types, from the customer’s perspective. The study draws on survey data from 627 tourists from North Cyprus, Turkey, Italy, United States, and Germany who had experience using SSTs during their travel period for either leisure or business. The utility theory, Lancaster’s consumer theory, and random utility theory form the basis of this research’s theoretical framework. This study is the first attempt that examines the SSTs’ characteristics as antecedents of service excellence from the customer point of view in tourism literature. Moreover, this research enhances knowledge by integrating the concept of service excellence and SSTs’ characteristics into the abovementioned theories. The results revealed that service excellence could be provided for customers through SSTs, which this service excellence drives through the characteristics of SSTs. The result of moderated mediation tests on the relationship between SSTs’ characteristics and service excellence revealed that tourist types moderate the mediating effect of SSTs satisfaction for functionality, enjoyment, security/privacy, convenience, and customization. Meaning the mentioned constructs are more influential for business travelers than leisure travelers. Limitations, practical and theoretical implications are also discussed.

Sustainability has become one of the challenges of today’s banks. Since sustainable business models are responsible for the environment and society along with generating economic benefits, they are an attractive approach to sustainability. Sustainable business models also offer banks competitive advantages such as increasing brand reputation and cost reduction. However, no framework is presented to evaluate the sustainability of banking business models. To bridge this theoretical gap, the current study using A Delphi-Analytic Hierarchy Process method, firstly, developed a sustainable business model to evaluate the sustainability of the business model of banks. In the second step, the sustainability performance of sixteen banks from eight European countries including Norway, The UK, Poland, Hungary, Germany, France, Spain, and Italy, assessed. The proposed business model components of this study were ranked in terms of their impact on achieving sustainability goals. Consequently, the proposed model components of this study, based on their impact on sustainability, are respectively value proposition, core competencies, financial aspects, business processes, target customers, resources, technology, customer interface, and partner network. The results of the comparison of the banks studied by each country disclosed that the sustainability of the Norwegian and German banks’ business models is higher than in other counties. The studied banks of Hungary and Spain came in second, the banks of The UK, Poland, and France ranked third, and finally, the Italian banks ranked fourth in the sustainability of their business models.

The article explores Russian and international experience of AML / CFT regulation in companies. It analyzes the regulatory framework of the United Kingdom, France, the United States, Japan, Italy and other countries, identifies the characteristic features of counteracting the legalization of proceeds from crime. The study of analytical reports of the leading global consulting companies for 2014-2016 shows changes in the applied AML/CFT enforcement measures in the organizations: it emphasizes the quality of data of control measures for transactions, focuses on the formation of a systematic approach to AML/CFT, specifies the KYC requirements. The comparison of established international and national requirements allows to assess the level of AML / CFT provision in Russia and propose innovations in the regulatory framework for AML / CFT regulation of Russian companies to improve its effectiveness: changing penalties, increasing the effectiveness of law-enforcement authorities cooperation, implementing the principle "know your customer", ensuring the regular training of all staff, and other methods. Keywords: AML/CFT, legal framework, FATF.

In 1994 the regulatory framework of water services in Italy was radically modified, by transforming a traditional publicly operated system, which relied heavily for investments on fiscal budgets, into a system made up of self-sustaining corporate enterprises regulated at arm's length. After 19 years, the time has come to make an assessment of what has been achieved. This paper develops an original methodology, inspired by the concept of water sustainability, which tries to integrate economic, environmental and financial aspects within a unique framework. Our analysis discloses both allocative as well as distributive impacts of the reform, showing that it has been possible to generate some value for money while shifting the economic burden from taxpayers to service customers. However, improvements have been too slight and many signs are showing that it will be rather problematic to speed them up without undertaking a substantial restyling.

In many urban environments, so-called Living Labs have been created. A Living Lab (LL) is an emerging innovation methodology that may serve to reduce the gap between new technology development and the adoption of this new technology by users, by bringing together all key actors in the innovation process: public administration, education institutes, companies, and citizens. However, a substantial number of LLs struggle to translate the customer value created into a sustainable business model. As a result, many LLs are financially not sustainable. Several previous studies found that most LLs primarily rely on public grants; thus, they often stop their activities when public funding ends. In this paper, we draw on a comprehensive literature review and practical evidence from three cases, to develop a framework of various funding options which can be employed by any LL that seeks to become more financially sustainable.

The paper analyzes the legal issues related to software assistance and maintenance agreements. Contracts generally provide for highly diverse performances and are aimed at providing a global service. Since the assistance and maintenance agreement generally entails a long-term relationship, the regulations for long-term supply contract’s apply. Nevertheless, in specific circumstances, even the rules for service contracts may be applied. In Italy, like in other EU jurisdictions, the applicable regulatory framework depends on the content of the contract. The provider company naturally tends to restrict its liability in proportion to effectively commissioned activity. Exclusion clauses including intentional damage or gross negligence are void, while par. 2 of Article 1229 of the Italian Civil Code permits limitation of liability in cases of minor negligence. The impossibility of changing contractual terms disadvantages the weaker contracting party and the procedure imposed by par 2 of Art. 1341 c.c. has proved inadequate to protect the customer. Art. 9, of Law n 192 of 18 June 1998 (“Disciplina della subfornitura nelle attivita produttive”), which is now considered to be general principle allows exclusion clauses providing for minor negligence to be deemed void, if they oversimplify the debtor position, by defining the requirements of minor negligence. In addition, clauses regarding exclusion or limitation of liability towards third parties, beyond the limit set by Art. 1229, require an assessment based on the nature of the interest which is concretely protected.

All over the world, governments are compelling water utilities to improve their efficiency and productivity through reforms and tougher regulatory tools. Despite the different strategies and approaches, the goals remain the same: to make the whole sector more efficient, to curb the profits and ‘quiet life’ of water utilities and pass the productivity gains to customers through reduced prices or better environmental protection and quality of service. The water sectors in Portugal and Italy underwent deep reforms in the 1990s, in pursuit of higher levels of performance. Therefore, there is added interest in measuring the performance of water utilities in these two Mediterranean countries. We assess their performance using composite (global) indicators on a sample of 88 water utilities, for the year 2007. While we compare the performance of the two countries in this sector we also try to identify the impact of the ownership structure on efficiency. Finally, this paper discusses the benchmarking results of our research and draws some policy implications.

Customers’ habits, as far as shipping requests are concerned, have changed in the last decade, due to the fast spread of e-commerce and business to consumer (B2C) systems, thus generating more and more vehicles on the road, traffic congestion and, consequently, more pollution. Trying to partially solve this problem, the operational research field dedicates part of its research to possible ways to optimize transports in terms of costs, travel times, full loads etc., with the aim of reducing inefficiencies and impacts on profit, planet and people, i.e., the well-known triple bottom line approach to sustainability, also thanks to new technologies able to instantly provide probe data, which can detail information as far as the vehicle behavior. In line with this, an adapted version of the metaheuristic water wave optimization algorithm is here presented and applied to the context of the capacitated vehicle routing problem with time windows. This latter one is a particular case of the vehicle routing problem, whose aim is to define the best route in terms of travel time for visiting a set of customers, given the vehicles capacity and time constraints in which some customers need to be visited. The algorithm is then tested on a real case study of an express courier operating in the South of Italy. A nearest neighbor heuristic is applied, as well, to the same set of data, to test the effectiveness and accuracy of the algorithm. Results show a better performance of the proposed metaheuristic, which could improve the journeys by reducing the travel time by up to 23.64%.

COVID-19 has had a dramatic impact on the fashion industry. Fashion brands had to restructure their value chains and refine their strategies to overcome the negative consequences of the lockdown. An analysis of the Italian fashion industry is used to examine how companies responded to the challenges of the pandemic and how they were able to find competitive solutions. Qualitative analysis is used to discuss the case of Italy, a country that was particularly affected by COVID-19. The research shows that companies invested in three different directions to overcome the obstacles posed by the COVID-19 emergency: refocusing on manufacturing, investing in sustainability (especially social), and relying on digital technologies (e.g., e-commerce and videoconferencing) to interact with remote customers. The theoretical and practical contributions of this study are discussed.

As the competition between airlines grows, their customer-centered strategies are becoming increasingly popular. In this context, the marketing strategies are the result of investigations carried out directly on users, usually through the Customer Satisfaction Surveys. Investigating on airline passengers’ preferences represents a useful action to pursue the most convenient strategy for increasing their satisfaction and improving the provided service. With this aim, we propose the design of a Stated Preference survey and the preliminary outcomes obtained from the analysis and modelling of the collected data. A deep study of the literature review drove us to consider the land services separately from the air ones. Even if the travel experience of an airline passenger starts at the airport, only the services provided by the airlines are the object of this study. The Stated Preference survey was designed with the aim to capture the passengers’ desires on airlines’ services by proposing hypothetical scenarios to them. The survey was addressed to the whole population of the University of Calabria (Italy). A sample of 1907 survey responses was obtained. For analyzing the collected data, discrete choice models have been calibrated to obtain the weights assigned by users to each service quality aspect included in the experiment.

Nowadays, last-mile logistics represents the least efficient stage of supply chains, covering up to 28% of the total delivery cost and causing significant environmental emissions. In the last few years, a wide range of collaborative economy business models has emerged across the globe, rapidly changing the way services were traditionally provided and consumed. Crowd logistics (CL) is a new strategy for supporting fast shipping services, entrusting the management of the last-mile delivery to the crowd, i.e., normal people, who agree to deliver goods to customers located along the route they have to travel, using their own transport means, in exchange for a small reward. Most existing studies have focused on evaluating the opportunities and challenges provided by CL through theoretical analysis and literature reviews, while others have proposed models for designing such emerging distribution networks. However, papers analyzing real successful applications of CL worldwide are lacking, despite being in high demand. This study attempted to fill this gap by providing, at first, an overview of real CL applications around the globe to set the stage for future successful implementations. Then, the implementation potential of CL in northern Italy was assessed through a structured questionnaire delivered to a panel of 214 people from the Alma Mater Studiorum University of Bologna (Italy) to map the feasibility of a crowd-based system in this area. The results revealed that about 91% of the interviewees were interested in using this emerging delivery system, while the remaining respondents showed some concern about the protection of their privacy and the safeguarding of the goods during transport. A relevant percentage of the interviewees were available to join the system as occasional drivers (ODs), with a compensation policy preference for a fixed fee per delivery rather than a variable reward based on the extra distance traveled to deliver the goods.

Implementing nature-based solutions (NBSs) in cities, such as urban forests, can have multiple effects on the quality of life of inhabitants, acting on the mitigation of climate change, and in some cases also enhancing citizens’ social life and the transformation of customer patterns in commercial activities. Assessing this latter effect is the aim of this paper. An agent-based model (ABM) was used to assess change in commercial activities by small and midsize companies in retail due to the development of parks. The paper focuses on the potential capacity of NBS green spaces to boost retail companies’ business volumes, thus increasing their revenues, and at the same time create a pleasant feeling of space usability for the population. The type of NBS is not specified but generalized into large green spaces. The simulation contains two types of agents: (1) residents and (2) shop owners. Factors that attract new retail shops to be established in an area are simplified, based on attractor points, which identify areas such as large green spaces within and around which shops can form. The simulations provided insights on the number of retail shops that can be sustained based on the purchasing behavior of citizens that walk in parks. Four European cities were explored: Szeged (Hungary), Alcalá de Henares (Spain), Çankaya Municipality (Turkey) and Milan (Italy). The model allowed analyzing the indirect economic benefit of NBSs (i.e., large green spaces in this case) on a neighborhood’s economic structure. More precisely, the presence of green parks in the model boosted the visits of customers to local small shops located within and around them, such as cafés and kiosks, allowing for the emergence of 5–6 retail shops (on average, for about 800 walking citizens) in the case of Szeged and an average 12–14 retail shops for a simulated population of 2900 persons that walk in parks in the case of Milan. Overall, results from this modeling exercise can be considered representative for large urban green areas usually visited by a substantial number of citizens. However, their pertinence to support for local policies for NBS implementation and other decision-making related activities of socioeconomic nature is hampered by the low representativeness of source data used for the simulations.

This paper aims to define an algorithm capable of building the origin-destination matrix from check-in data collected in the extra-urban area of Torino, Italy, where thousands of people commute every day, using smart cards to validate their travel documents while boarding. To this end, the methodological approach relied on a survey over three months to record smart-card validations. Peak and off-peak periods have been defined according to validation frequency. Then, the origin-destination matrix has been estimated using the time interval between two validations to outline the different legs of the journey. Finally, transport demand has been matched with existing bus services, showing which areas were not adequately covered by public transport. The results of this research could assist public transport operators and local authorities in the design of a more suitable transport supply and mobility services in accordance with user needs. Indeed, tailoring public transport to user needs attracts both more customers and latent demand, reducing reliance on cars and making transport more sustainable.

In the wine sector, the choice of a sustainable strategy based on smart marketing has gained more relevance due to the growing importance of sustainability. The literature illustrates a multiplicity of perspectives, wherever firms are committed to improving sustainability and market performance. This exploratory paper aims to make sense of the extant literature by analysing 10 case studies in Italy, focusing on sustainable competitive resources and strategies, considering the role of CF (Carbon Footprint) as a crucial factor. The research has considered a complementary theoretical framework based on both Resource-Based Theory and Competitive Advantage Theory. Data were analysed by descriptive statistical techniques. The results show a bundle of unique resources and strategies in pursuing firm performance, wherever CF may lead to significant sustained competitive advantages in firms’ value capture (ex. image and reputation and customers’ relationships loyalty, entrance into new foreign markets). Findings highlight that perceiving the costs and benefits of investments in lowering CF may guide to a more accurate understanding of the value-creating from the different type of eco-innovation for building tailor-made communicational and marketing strategies.

The Climate Pact and the European Green Deal constitute the main components of the European Union (EU)’s climate change policy. Energy transition, that is, transformation to a zero-carbon global energy system, is one of the main pillars of climate change mitigation policies. This transformation, coupled with the empowerment of individuals within the energy system, shifts citizens from their roles as customers towards a more active role. Within this framework, energy communities stand out as significant facilitators for the participation of individuals and communities in the energy system, promoting self-consumption and contributing to the social acceptance of renewable energy initiatives, among other direct and indirect benefits. The main directives introducing energy communities into the EU legal system are RED II and ED 2019. This study, conducted as a part of a Horizon 2020-funded eCREW project, assessed the adaptability and implementability of these two directives within national legislation, along with the associated legal and administrative frameworks, utilizing evidence from Austria, Germany, Greece, Italy, Spain, and Turkey. The comparative analysis also enhances the understanding of the concept of renewable energy communities and citizen energy communities, both in the EU and in nonmember countries. The results of the analysis revealed that none of the countries studied had yet completed the process of harmonizing their legislation concerning energy communities.

The article deals with the problem of determining the legal regime of unimplanted embryo in vitro, which due to the significantdevelopment of the field of assisted reproductive technologies, is increasingly at risk of its illegal use, or even illegal creation for commercialor other non-infertility treatment. The author analyzes different doctrinal approaches in the civil law of Ukraine and Germany,through the prism of the current legal regulation and practice of the European Court of Human Rights. The paper supports the positionon the right to the embryo as a personal immaterial right and expands it in the sense that such a component of reproductive rights asthe right to determine the future fate of embryos in vitro will also belong to persons to whom assisted reproductive technologies havebeen applied and as a result these embryos where created. Resulting from this analysis, the position on the inadmissibility of the interpretationof the unimplanted embryo as an object of property law is expressed. To support this point of view, the author cites the judgmentof the European Court of Human Rights in Parrillo v. Italy, in which the court emphasized the inadmissibility of the assessmentof embryos as an object of property rights. In particular, the paper proposes to define the regime of unimplanted embryo in vitro as anobject that has a personal immaterial connection to persons for whose treatment of infertility (parents-customers) it was created. Andit is these individuals who will have the right to determine its future. In this regard, it is proposed to reflect this concept in the cuurentregulation in partricular Procedure for the use of assisted reproductive technologies. From the proposed wording, first, it will followthat in vitro embryos created as a result of the partial or full use of donor biological material at the request of persons to whom assistedreproductive technologies are applied will have this personal connection only with the future parents and there will not be an ethicaldilemma regarding who will have the right to determine their future fate (biological parents (reproductive cell donors) or future parents).Secondly, it will also mean that embryos can only be created for reproductive purposes, and an institution providing reproductive ser -vices will not have the right to create or dispose of embryos in vitro at its own discretion without the proper consent of its future parent.And, thirdly, it will exclude the possibility of interpreting such embryos as objects of property rights.

Archaeological sites are part of the history and identity of a community playing a strategic role on the different scales of the cultural and economic common life. Whereas on the one end the most famous archaeological sites attract huge flows of tourists and investment, on the other hand, many minor archaeological sites remain almost ignored and neglected. This study proposes a project-evaluation approach devoted to the “minor” archaeological site development, outlining a territorial, socio-economic, and landscape communication pattern aimed at creating an archaeological network integrating other cultural and natural resources. As such, these networks get able to match the demand of customers who shy away from iper-consumerist tourism and want to deepen their knowledge of a place. The proposed approach integrates knowledge, evaluation, and design in a multiscale pattern whose scope is to foster and extend the archaeological research program, involving public and private stake/stockholders to widen the cultural-contemplative experience and promote further educational events concerning the themes of the local identity. With reference to the archaeological basin of Tornambè, Italy, a Web-GIS knowledge system has been drawn to provide the territorial information requested by the economic-evaluation multiscale pattern implemented to verify the cost-effectiveness of the project. The expected negative results of the economic valuation supported the allocation pattern of the considerable investment costs, as well as the hypothetic scenarios about the evolution of the cultural-contemplative experience due to the extension of the archaeological estate. Some disciplinary remarks propose a heterodox approach for a further interpretation of the economic results and financial indexes, by introducing the monetary dimension of such a social capital asset.

Las invocaciones sacras en los libros de cuentas son una costumbre que comienza en la época medieval y que se extiende hasta el siglo XVIII. En ellas se concentra la fe medieval, la confianza en uno mismo del renacimiento y la combinación de lo pagano con lo cristiano.Esta costumbre iniciada en Italia, se propagó por toda Europa con la publicación del tratado de Fra Luca Pacioli. Se diseminó la partida doble, pero también todas las costumbres que en su entorno eran habituales entre los mercaderes. El presente estudio pretende hacer una revisión del uso de estas invocaciones sacras desde las recomendaciones que Pacioli realiza hasta las que aparecen en algunos tratados comerciales del siglo XVIII.Fra Luca Pacioli condensó en su tratado lo que los mercaderes italianos venían practicando desde mucho antes de 1494. El fraile italiano sistematizó en la Summa los principios de la teneduría de libros por partida doble, pero no se olvidó de otras costumbres: las invocaciones sacras.<br /><br />Pious inscriptions in account books were already customary in the medieval ages and lasted until 18th century. They were an expression of the medieval faith, the renaissance self-reliance together with a combination of pagan and Christian beliefs.This tradition started in Italy and expanded all over Europe with the publication of Fra Luca Pacioli's treatise in 1494. The double-entry system was spread out and with it the habits which were usual among merchants. The focus of the present study is a revision of these pious inscriptions starting with the suggestions made by Pacioli and up to the ones that appear in some commercial treatises of the 18`h century.Fra Luca Pacioli gathered in his treatise what the Italian merchants had practised for a long time before 1494. The Italian monk systematized the principles of double-entry bookkeeping in his Summa and he did not forget to include some other practises such as pious inscriptions whenever an account was opened.

[Context] The software startups could continuously innovate business model value proposition by involving freelancers as a source of innovative ideas (that enhance customer perceived value) and as experts for implementing the innovative ideas (by undertaking software engineering tasks). Startups employ one of three strategies for associating with freelancers i.e., task based (association ends with completion of the outsourced task), panel based (outsourcing task to a panel of freelancers associated with startup), or hybrid. Uncertainties, terminology issues, high technical debt, lack of documentation, lack of systematic decision making processes, lack of resources, lack of brand values, need for the continuous involvement of the freelancer to incorporate continuous validated learnings, merging freelancer perspectives, and deciding the level of their involvement in individual requirement engineering (or value proposition innovation) activities, are the main inhibitors for associations with freelancers. The availability of good freelancers and their long term and continuous commitments are necessary requirements for value proposition innovation. The theory about freelancer association with the software startups is extended by studying the real practices of startups, which successfully involved freelancers for value proposition innovation by capturing innovative ideas and acquiring the freelancer’s skills to implement those ideas. [Objectives] The objective of this paper is to explain the strategies adopted by the software startups to foster value proposition innovation by continuously involving the freelancers and the way they overcome the challenges arising because of the associations. The findings are driven by the study of real practices of startups that proved to be successful in the market by involving freelancers and continuous innovations leading to increased market shares. [Method] This paper performs empirical studies through case studies of three software startups located in Italy, France, and India, which are at the verge of being transforming into big companies, with large market share. The current practices highlighting the successful way of executing freelancing association strategies for value proposition innovation and the way to overcome the arising challenges are reported. The findings are also compared with those of two young startups based in Switzerland and India, to bring useful lessons for the young startups. The case study results are validated by employees from the studied startups (both those who participated in data collection and those who did not). [Results] The results indicate that freelancer involvement during value proposition activities, which is the core business operation, is beneficial to the both freelancers and the startups. Startup teams could reduce the development costs, shorten time to market, and increase customer satisfaction (by providing features addressing real market needs) by correctly involving the freelancers uniformly across value proposition activities. The startups could manage innovation with small teams (compared to human resources in companies) if done jointly with the freelancers, that helps the team members to learn new skills, upgrade their skills, and learn new perspectives about their markets. Business impacts due to freelancer involvement are stronger if the level of freelancer involvement across various value proposition activities is higher compared to their involvement across few activities only. The studied startups are not completely dependent on the freelancers but the freelancer’s perspectives and skills are valued as a rich source of market success. Freelancer involvement is taken as an opportunity to gain access to global market perspectives, which otherwise would be effortful for in-house teams to collect. In addition, they resolve technical debt, are a source of upgrading skills for undertaking future innovation, and help reaching customers for marketing (promoting product and gaining access to the feedbacks). Overall, the value proposition innovation in the studied startups have different levels of involvement of the freelancers but these startups have reported positive impacts on the business in terms of development cost reductions, shorten time to market, and high customer satisfaction (measured on early attainment of product/market fit and fast growth thereafter). The case study results are validated by the startup employees (member checking). The responses collected are analysed using box plots, which shows a higher level of result agreements among the employees.

The sustainability of last-mile (LM) freight delivery is crucial to add value to the stakeholders in the distribution chain. However, its achievement is often hindered by a poor consideration of their needs by both literature and practice. The goal of this paper is to address the point of view of local retailers by exploring their needs about innovative LM delivery services and identifying sustainable value propositions (VP). A survey was submitted to retailers operating in the limited traffic zone of Torino (Italy). The survey data were analyzed by a factor analysis using a principal component analysis (PCA) to extract the factors. A correlation analysis was also conducted between the needs and selected contextual variables. The results show that retailers accept higher costs for more reliable deliveries and stock reduction. Retailers also correlate punctuality and flexibility because flexible and on-time deliveries allow for better inventory management, higher control, and, in turn, improved customer service level. This work is one of the first research attempts to quantify local retailers’ LM delivery needs and provides guidelines about how to design value-added logistics services. Moreover, from a practical point of view, the analysis shows the main VP that managers and practitioners should consider in the development of LM initiatives.

Purpose The purpose of this paper is to analyze the current state of fabrication laboratories (Fab Lab), an international network of digital laboratories, which provides new technological tools for digital manufacturing that can be used from individual users, to small businesses and schools. The aim is to understand similarities and differences of skills, technologies used and customers served among the main European laboratories (Italy, France, Germany, the Netherlands and Spain) and the American ones. Design/methodology/approach Data from European and American Fab Labs were collected using a questionnaire survey performed on a total sample of n=493 Fab Labs. The administration of the survey took place through e-mail; 73 Fab Labs participated to the survey, reaching a total response rate of 14.81 percent. Findings The results show that Italian laboratories are characterized by ample space available, but limited capacity for investment in machinery and technology. European Fab Labs are similar to the Italian Fab Labs, while the American ones are more heterogeneous in size. However, a fact that emerges clearly from the results is how American Fab Labs are more important realities than European ones in terms of turnover and investments. They are more similar to businesses with an independent financial support. Originality/value The novelty of the study resides in the issue considered and the experimental techniques used. Some qualitative case studies have been developed in the field, but no previous quantitative analyses have been developed on a large sample of Fab Labs, developing comparisons between European and American realities of these digital laboratories.

The present food system faces major challenges in terms of sustainable development along social, economic and environmental dimensions. These challenges are often associated with industrialised production processes and longer and less transparent distribution chains. Thus, closer distribution systems through Short Food Supply Chains (SFSCs) may be considered as a sustainable alternative. This study explores the role of different types of SFSCs and their contribution to sustainability through participants’ (consumers, retailers and producers) views and perceptions. As part of the European H2020 project “Strength2Food” we conducted a cross-case analysis and examined 12 European SFSC cases from six countries: France, Hungary, Italy, Norway, Poland and the UK. We applied a mixed method approach including primary data collection, via in-depth interviews and customer surveys, as well as desk research. The findings suggest that, irrespective of the type of SFSC, a strong agreement among the participants were found on the contribution of SFSCs to social sustainability. However, participants’ views considerably differ regarding the economic and environmental dimensions of sustainability. These differences relate to the way the SFSCs were organised and to some degrees to regional differences attributed to the significance of SFSC in different parts of Europe. The article concludes that the spatial heterogeneity of SFSCs, including supply chain actor differences, different types and organisational forms of SFSCs as well as regional and territorial characteristics, must be taken into account and further emphasised in future policies aimed at strengthening European food chain sustainability.

Purpose – The purpose of this paper is to examine the relationship between consumer perceptions about large companies and behavioral intention toward buying products from these companies. It is hypothesized that the better the perceptions, the higher the behavioral intention. Corporate social responsibility (CSR) policies are proposed as the perfect tool to improve consumer perceptions and, hence, increase the customer base of large organizations. Such an approach has randomly been explored in the existing literature, making the examination of the proposed conceptual framework of the study an interesting research topic. Design/methodology/approach – The proposed conceptual framework was tested on a sample of Greek consumers. The final sample consisted of 454 adult consumers. The reliability and the validity of the newly developed questionnaire were thoroughly examined. Empirical data were analyzed using the “Structural Equation Modeling” technique. Findings – The results of the quantitative research highlighted the negative perceptions of Greek consumers toward large companies but, at the same time, revealed the statistically significant positive effect of certain dimensions of consumer perceptions on behavioral intention. In more detail, “interest toward community and employees” and “contribution to economic prosperity” seem to enhance behavioral intention, with the first being the most important factor. Research limitations/implications – A limitation stemming from the implemented methodology is the use of self-report scales to measure the constructs of the proposed model. Moreover, as the measurement of consumer perceptions has never been attempted in the existing literature, the items used to measure this construct were created after an extensive review of theoretical papers, failing to incorporate scales that have been already tested for their reliability. Practical implications – Using the findings of the empirical analysis as guiding lights, the present study proposes certain measures for large organizations. Highly proposed policies are offered in the final part of the paper. These policies are connected with enhancing the perceived interest of the company toward its community and employees. Originality/value – The present paper proposes a conceptual framework that examines CSR under a context that has been randomly examined before. It goes beyond theoretical principles and approaches issues that are vital for large organizations. Moreover, the results of the study may be generalized in other developed countries with similar economic realities (e.g. Spain, Italy, Portugal and Ireland).

In 2005, during the composing of the Inventory of the Moveable Cultural Heritage of the Church and Monastery of St Francis of Assisi at Krk, three wooden statues were found in the attic. These had once belonged to a lavish Renaissance triptych at the centre of which was a figure of the Virgin (107 x 45 x 27 cm), flanked by the figures of St John the Baptist (c. 105 x 28 x 30 cm), an apostle with a book (c. 93 x 32 x 22 cm), and, in all likelihood, St James the Apostle. A trace of a small left foot in the Virgin’s lap indicates that the original composition was that of the Virgin and Child. It is highly likely that these statues originally belonged to the altar of St James which mentioned by Augustino Valier during his visitation of the Church of St Francis of Assisi in 1579 as having a pala honorifica . Harmonious proportions, fine modelling of the heads, beautifully and confidently carved drapery of the fabrics, together with almost classical gestures, all point to a good master carver who, in this case, sought inspiration in Venetian painting of the 1520s and 1530s. When attempting to find close parallels in the production of Venetian wood-carving workshops from the first half of the sixteenth century, without a doubt the best candidates are two signed statues from the workshop of Paolo Campsa de Boboti: the statue of the Risen Christ from the parish church of St Lawrence at Soave in Italy, dated to 1533, and the statue of the Virgin and Child in a private collection in Italy, dated to 1534. To these one can add a statue from the Gianfranco Luzzetti collection at Florence, which has been attributed to Campsa’s workshop. Judging from all the above, the statues from St Francis’ might be dated to the 1540s. In the parish church of Holy Trinity at Baška is a wooden triptych which, according to a nineteenth-century record, was inscribed with Campsa’s signature and the year 1514. When Bishop Stefanus David visited the Chapel of St Michael at Baška in 1685, he described in detail this wooden and carved palla on the main altar dedicated to St Michael, noting that the altar is under the patronage of the Papić family who had founded it and made considerable donations to it. The high altar in the Church of St Mary Magdalene at Porat, also on the island of Krk, has a polyptych attributed to Girolamo and Francesco da Santa Croce. Until now, it has been dated to 1556 - the year of the dedication of the altar and the church. However, more frequently than not, a number of years could pass between the furnishing of an altar and its dedication. With this in mind and having re-analyzed the paintings, the polyptych can be dated as early as the previous decade. Until now, the Renaissance statue of St Mary Magdalene (105 x 25 x 13 cm), originally part of an altar predella but today housed in the Monastery’s collection, was not discussed in the scholarly literature save for its iconography. Based on the morphological similarities between the statue of St Mary Magdalene and the three statues at Krk, it can be concluded that they were carved by the same master carver. Written sources inform us that after 1541 Paolo Campsa was no longer alive. Great differences between the works signed by Campsa have already been the subject of scholarly debate and it is known that due to high demand, his workshop included a number of highly skilled wood carvers. In the case of Krk, perhaps the master carver was an employee at Campsa’s workshop who outlived him and who, after its closure, went his own way and was considered good enough to be hired by fellow painters from the Santa Croce workshop. Installing a statue in a predella was a rare occurrence in sixteenth-century Croatia and Venice alike. Even in the case of Campsa. Reliefs were used more frequently. However, this arrangement was customary on contemporary flügelaltaren in the trans-Alpine north. It ought to be considered whether this northern altar design might provide a trail which would lead to a more specific location of a possible master carver.

The aim of this work is to introduce a first analysis concerning the relevance that ownership and financial structure, but also market dimension and business portfolios, have on the technical efficiency of Italian water utilities. Even though scholars have provided information on the influence of some dimensional or geographical variables, mono-utility character or ownership on efficiency, no paper, to the best of our knowledge, has ever considered the presence of all these hedonic variables as efficiency shifters or drivers. Antonioli and Filippini (2001) have not included ownership; Benvenuti and Gennari (2008) have included ownership and multi-utility strategy, but excluded the geographical dimension; Fabbri and Fraquelli (2000) have not included geographical location, business strategy or ownership; furthermore, most analyses of the Italian water sector have focused on the ATO level (investments, labour costs) and not on utility performances. We have estimated four heteroskedastic stochastic production frontiers: two different parametric models, where the hedonic dummy mono is either in the model as an additional variable or it is used to parameterize the variance of the inefficiency term; two competitive statistical formulations have also been introduced to specify the inefficiency component distribution, that is, the half normal and the exponential distributions. The most important findings of this paper can be summarized as follows. The labour, capital and other input elasticities are always highly significant, positive and quite stable in all the performed models, as expected for a well-behaved production function. The main results show that the mono-business strategy is not efficient; at the same time, operating water and sewerage together implies higher efficiency than water- only management. Theoretically, the population density can have an ambiguous effect on efficiency: on one hand, it could be more expensive to serve dispersed customers, but, on the other, it could generate congestion problems. It could be argued that the second effect prevails, therefore a higher density is accompanied by a higher inef- ficiency. The analysis points out that the variance of the idiosyncratic term is a function of the size of the firm, which is measured as the number of connected properties; the null hypothesis, that the firms use a constant returns-to-scale technology, has also been rejected. Considering the 1994 reform, it is possible to state that the integration of water and sewerage has substantially been positive; at the same time, the economies of scale and the ambiguity of density justify the division into provincial basins. The role of the private sector in the water industry, in agreement with previous literature, has neither a positive nor a negative impact on efficiency and ownership is simply not influent [obviously the quality of service should be considered, although the same indifference seems to emerge (Dore et al., 2001)]. Southern Italy suffers from a higher degree of inefficiency (also recently confirmed by Svimez, 2009), and this is probably the most important issue that has to be dealt with, because of the risks of drought and watering bans in those Regions during summer.

Recent conservation and restoration work on the icon of the Virgin and Child which stood on the altar in the Church of St. Nicholas at Prijeko in Dubrovnik has enabled a new interpretation of this paining. The icon, painted on a panel made of poplar wood, features a centrally-placed Virgin holding the Child in her arms painted on a gold background between the two smaller figures of St. Peter and St. John the Baptist. The figures are painted in the manner of the fifteenth- and sixteenth-century Dubrovnik style, and represent a later intervention which significantly changed the original appearance and composition of the older icon by adding the two saints and touching up the Virgin’s clothes with Renaissance ornaments, all of which was performed by the well-known Dubrovnik painter Nikola Božidarević. It can be assumed that the icon originally featured a standing or seated Virgin and Child. The Virgin is depicted with her head slightly lowered and pointing to the Christ Child whom she is holding on her right side. The chubby boy is not seated on his mother’s lap but is reclining on his right side and leaningforward while his face is turned towards the spectator. He is dressed in a red sleeveless tunic with a simple neck-line which is embroidered with gold thread. The Child is leaning himself on the Virgin’s right hand which is holding him. He is firmly grasping her thumb with one hand and her index finger with the other in a very intimate nursing gesture while she, true to the Hodegitria scheme, is pointing at him with her left hand, which is raised to the level of her breasts. Such an almost-realistic depiction of Christ as a small child with tiny eyes, mouth and nose, drastically departs from the model which portrays him with the mature face of an adult, as was customary in icon painting. The Virgin is wearing a luxurious gold cloak which was repainted with large Renaissance-style flowers. Her head is covered with a traditional maphorion which forms a wide ring around it and is encircled by a nimbus which was bored into thegold background. Her skin tone is pink and lit diffusely, and was painted with almost no green shadows, which is typical of Byzantine painting. The Virgin’s face is striking and markedly oval. It is characterized by a silhouetted, long, thin nose which is connected to the eyebrows. The ridge of the nose is emphasized with a double edge and gently lit whilethe almond-shaped eyes with dark circles are set below the inky arches of the eyebrows. The Virgin’s cheeks are smooth and rosy while her lips are red. The plasticity of her round chin is emphasized by a crease below the lower lip and its shadow. The Virgin’s eyes, nose and mouth are outlined with a thick red line. Her hands are light pink in colour and haveelongated fingers and pronounced, round muscles on the wrists. The fingers are separated and the nails are outlined with precision. The deep, resounding hues of the colour red and the gilding, together with the pale pink skin tone of her face, create an impression of monumentality. The type of the reclining Christ Child has been identified in Byzantine iconography as the Anapeson. Its theological background lies in the emphasis of Christ’s dual nature: although the Christ Child is asleep, the Christ as God is always keeping watch over humans. The image was inspired by a phrase from Genesis 49: 9 about a sleeping lion to whom Christ is compared: the lion sleeps with his eyes open. The Anapeson is drowsy and awake at the same time, and therefore his eyes are not completely shut. Such a paradox is a theological anticipation of his “sleep” in the tomb and represents an allegory of his death and Resurrection. The position, gesture and clothes of the Anapeson in Byzantine art are not always the same. Most frequently, the ChristChild is not depicted lying in his mother’s arms but on an oval bed or pillow, resting his head on his hand, while the Virgin is kneeling by his side. Therefore, the Anapeson from Dubrovnik is unique thanks to the conspicuously humanized relationship between the figures which is particularly evident in Christ’s explicitly intimate gesture of grasping the fingers of his mother’s hand: his right hand is literally “inserting” itself in the space between the Virgin’s thumb and index finger. At the same time, the baring of his arms provided the painter with an opportunity to depict the pale tones of a child’s tender skin. The problem of the iconography of the Anapeson in the medieval painting at Dubrovnik is further complicated by a painting which was greatly venerated in Župa Dubrovačka as Santa Maria del Breno. It has not been preserved but an illustration of it was published in Gumppenberg’sfamous Atlas Marianus which shows the Virgin seated on a high-backed throne and holding the sleeping and reclining Child. The position of this Anapeson Christ does not correspond fully to the icon from the Church of St. Nicholas because the Child is lying on its back and his naked body is covered with the swaddling fabric. The icon of the Virgin and Child from Prijeko claims a special place in the corpus of Romanesque icons on the Adriatic through its monumentality and intimate character. The details of the striking and lively Virgin’s face, dominated by the pronounced and gently curved Cimabuesque nose joined to the shallow arches of her eyebrows, link her with the Benedictine Virgin at Zadar. Furthermore, based on the manner of painting characterized by the use of intense red for the shadows in the nose and eye area, together with the characteristic shape of the elongated, narrow eyes, this Virgin and Child should be brought into connection with the painter who is known as the Master of the Benedictine Virgin. The so-called Benedictine Virgin is an icon, now at the Benedictine Convent at Zadar, which depicts the Virgin seated on a throne with a red, ceremonial, imperial cushion, in a solemn scheme of the Kyriotissa, the heavenly queen holding the Christ Child on her lap. The throne is wooden and has a round back topped with wooden finials which can also be seen in the Byzantine Kahn Virgin and the Mellon Madonna, as well as in later Veneto-Cretan painting. The throne is set under a shallow ciborium arch which is rendered in relief and supportedby twisted colonettes and so the painting itself is sunk into the surface of the panel. A very similar scheme with a triumphal arch can be seen on Byzantine ivory diptychs with shallow ciborium arches and twisted colonettes. In its composition, the icon from Prijeko is a combination ofthe Kyr i ot i ss a and the Hodegitria, because the Virgin as the heavenly queen does not hold the Christ Child frontally before her but on her right-hand side while pointing at him as the road to salvation. He is seated on his mother’s arm and is supporting himself by pressing his crossed legsagainst her thigh which symbolizes his future Passion. He is wearing a formal classical costume with a red cloak over his shoulder. He is depicted in half profile which opens up the frontal view of the red clavus on his navy blue chiton.He is blessing with the two fingers of his right hand and at the same time reaching for the unusual flower rendered in pastiglia which the Virgin is raising in her left hand and offering to him. At the same time, she is holding the lower part of Christ’s body tightly with her right hand.Various scholars have dated the icon of the Benedictine Virgin to the early fourteenth century. While Gothic features are particularly evident in the costumes of the donors, the elements such as the modelling of the throne and the presence of the ceremonial cushion belong to the Byzantine style of the thirteenth century. The back of the icon of the Benedictine Virgin features the figure of St. Peter set within a border consisting of a lively and colourful vegetal scroll which could be understood as either Romanesque or Byzantine. However, St. Peter’s identifying titulus is written in Latin while that of the Virgin is in Greek. The figure of St. Peter was painted according to the Byzantine tradition: his striking and severe face is rendered linearly in a rigid composition, which is complemented by his classical contrapposto against a green-gray parapet wall, while the background is of dark green-blue colour. Equally Byzantine is themanner of depicting the drapery with flat, shallow folds filled with white lines at the bottom of the garment while, at the same time, the curved undulating hem of the cloak which falls down St. Peter’s right side is Gothic. The overall appearance of St. Peter is perhaps even more Byzantine than that of the Virgin. Such elements, together with the typically Byzantine costumes, speak clearly of a skilful artist who uses hybrid visual language consisting of Byzantine painting and elements of the Romanesque and Gothic. Of particular interest are the wide nimbuses surrounding the heads of the Virgin and Child (St. Peter has a flat one) which are rendered in relief and filled with a neat sequence of shallow blind archesexecuted in the pastiglia technique which, according to M. Frinta, originated in Cyprus. The Venetian and Byzantine elements of the Benedictine Virgin have already been pointed out in the scholarship. Apart from importing art works and artists such as painters and mosaic makers directly from Byzantium into Venice, what was the extent and nature of the Byzantineinfluence on Venetian artistic achievements in the thirteenth and fourteenth centuries? We know that the art of Venice and the West alike were affected by the Fourth Crusade and the sack of Constantinople in 1204, and by the newly founded Latin Empire which lasted until 1261.The Venetians played a particularly significant political and administrative role in this Empire and the contemporary hybrid artistic style of the eastern Mediterranean, called Crusader Art and marked by the strong involvement of the Knights Templar, must have been disseminated through the established routes. In addition to Cyprus, Apulia and Sicily which served as stops for the artists and art works en route to Venice and Tuscany, another station must have been Dalmatia where eastern and western influences intermingled and complemented each other.However, it is interesting that the icon of the Benedictine Virgin, apart from negligible variations, imitates almost completely the iconographic scheme of the Madonna di Ripalta at Cerignola on the Italian side of the Adriatic, which has been dated to the early thirteenth century and whose provenance has been sought in the area between southern Italy (Campania) and Cyprus. Far more Byzantine is another Apulian icon, that of a fourteenth-century enthroned Virgin from the basilica of St. Nicholas at Bari with which the Benedictine Virgin from Zadar shares certain features such as the composition and posture of the figures, the depictionof donors and Christ’s costume. A similar scheme, which indicates a common source, can be seen on a series of icons of the enthroned Virgin from Tuscany. The icon of the Virgin and Child from Prijeko is very important for local Romanesque painting of the late thirteenth and early fourteenth century because it expands the oeuvre of the Master of the Benedictine Virgin. Anicon which is now at Toronto, in the University of Toronto Art Centre Malcove Collection, has also been attributed to this master. This small two-sided icon which might have been a diptych panel, as can be judged from its typology, depicts the Virgin with the Anapeson in the upper register while below is the scene from the martyrdom of St. Lawrence. The Virgin is flanked by the figures of saints: to the left is the figure of St. Francis while the saint on the right-hand side has been lost due to damage sustained to the icon. The busts of SS Peter and Paul are at the top.The physiognomies of the Virgin and Child correspond to those of the Benedictine Virgin and the Prijeko icon. The Anapeson, unlike the one at Dubrovnik, is wrapped in a rich, red cloak decorated with lumeggiature, which covers his entire body except the left fist and shin. On the basis of the upper register of this icon, it can be concluded that the Master of the Benedictine Virgin is equally adept at applying the repertoire and style of Byzantine and Western painting alike; the lower register of the icon with its descriptive depiction of the martyrdom of St.Lawrence is completely Byzantine in that it portrays the Roman emperor attending the saint’s torture as a crowned Byzantine ruler. Such unquestionable stylistic ambivalence – the presence of the elements from both Byzantine and Italian painting – can also be seen on the icons of theBenedictine and Prijeko Virgin and they point to a painter who works in a “combined style.” Perhaps he should be sought among the artists who are mentioned as pictores greci in Dubrovnik, Kotor and Zadar. The links between Dalmatian icons and Apulia and Tuscany have already been noted, but the analysis of these paintings should also contain the hitherto ignored segment of Sicilian and eastern Mediterranean Byzantinism, including Cyprus as the centre of Crusader Art. The question of the provenance of the Master of the Benedictine Virgin remains open although the icon of the Virgin and Child from Prijeko points to the possibility that he may have been active in Dalmatia.However, stylistic expressions of the two icons from Zadar and Dubrovnik, together with the one which is today at Toronto, clearly demonstrate the coalescing of cults and forms which arrived to the Adriatic shores fromfurther afield, well beyond the Adriatic, and which were influenced by the significant, hitherto unrecognized, role of the eastern Mediterranean.

The International Court of Justice recently gave judgment in Jurisdictional Immunities of the State. The case concerned German state immunity from civil claims brought in Italian courts by victims of serious violations of international humanitarian law committed by German armed forces during World War II. The Court offered a valuable clarification of the relationship between state immunity and jus cogens norms at customary international law. The conservative reasoning was thorough and extensive and the decision is likely to ossify the evolution of state immunity.