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Yakushova, E. S. « Unification of Conflict-of-Laws Rules in the Field of Adoption ». Actual Problems of Russian Law, no 7 (1 juillet 2018) : 62–70. http://dx.doi.org/10.17803/1994-1471.2018.92.7.062-070.
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The article examines the institution of international adoption within the framework of both domestic legislation and international legal regulation. The mechanism of conflict rules unification in the field of foreign adoption facilitates protection of the rights and interests of an adopted child to the greatest extent. The author refers to the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. The Minsk Convention stipulates that adoption and and its revocation are regulated under the laws of the adopter's citizenship. It also dwells on conditions supplementing this provision. The author analyzes the importance of concluding bilateral international treaties with respect of adoption and elucidates the content of international treaties. Thus, the Adoption Agreement between Russia and Italy focused on choosing adoptive parents. An obligatory condition for parents is registration of the adopted child in a consular office of the country of origin. The child obtains dual citizenship and can exercise the same rights and means of protection as other children who have the status of a citizen in the territory of the receiving state. The prohibition to adopt children from Russia is imposed only in relation to the US citizens, it does not affect international cooperation between Russia and other foreign states. The author believes that inclusion of conflict-of-laws rules into mutual legal assistance treaties concerning the issues of international adoption is unconditional. It is considered to be important for the cooperation between states in this area, as well as an excellent basis for further conclusion of bilateral treaties that will govern only foreign adoption.
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Sábo, Jozef. « Taxation of Digital Servieces from International Tax Law Perspective ». Financial Law Review 20, no 4 (2020) : 64–81. http://dx.doi.org/10.4467/22996834flr.20.021.13093.
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The article analyses taxes on digital services adopted in the United Kingdom, France, Austria, and Italy. The article tries to identify the architectural features of these taxes that could conflict with obligations according to international tax treaties and EU laws. The article also presents OECD “Unified Approach” which is based on multilateral agreement. The main hypothesis of the article is that this approach represents a better solution for the taxation of digital services than unilateral national taxation of digital services. In the presented analyses, mainly horizontal comparative method, method of logical analysis and synthesis are employed.
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Bizzotto, Elisa. « Late-Victorian Experiences with Italian Legislation : Stories of Sex, Madness and Social Commitment ». Pólemos 13, no 2 (25 septembre 2019) : 283–97. http://dx.doi.org/10.1515/pol-2019-0022.
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Abstract Given their love for Italy, which often represented for them a second home country, it was not unusual for late-Victorian writers and intellectuals to have direct experiences with Italian laws. The article presents four “case studies” of late-Victorian authors living in Italy and analyses their reactions to such diverse issues as homosexuality, madness and artistic heritage in relation to the Italian law system and by providing a comparative perspective with English legislation. The contribution also considers these authors’ narratives of their responses to Italian laws in both published and private writings that cover a variety of genres and evidence cultural differences and conflicts, though not always in an expected way.
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Dallara, Cristina. « Powerful resistance against a long-running personal crusade : the impact of Silvio Berlusconi on the Italian judicial system ». Modern Italy 20, no 1 (février 2015) : 59–76. http://dx.doi.org/10.1080/13532944.2014.986444.
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A distinguishing feature of the Berlusconi era has undoubtedly been his personal conflict with the judiciary. Therefore, this article explores the impact of Berlusconi's 20 years in politics on the Italian judicial system. The main argument developed in this analysis is that, thanks to a strong institutional framework built with the 1948 constitution, the Italian judiciary continued to guarantee an effective mechanism of checks and balances. In spite of reiterated attempts by the centre–right majority to modify judicial procedures and organisation to advantage Berlusconi in solving his judicial troubles (ad personam laws), the judiciary was, in the long run, successful in restraining these actions. In fact, several of the ad personam laws were abrogated by rulings of the Constitutional Court, or made substantially ineffective in the implementation stage. Moreover, no substantial reforms of the judicial system have been accomplished, although they were frequently announced. Nevertheless, it may be argued that Berlusconi's anti-judicial rhetoric has had a significant impact on public attitudes towards the judiciary, and contributed to exacerbating the polarisation between two opposite views of the justice system in Italy. The persistent anti-judicial message affected public opinion and was deeply incorporated by centre–right voters, creating a real cleavage on the issue of justice. Moreover, this huge conflict on the justice issue increasingly distracted the attention of political actors from the real organisational problems of the system of justice.
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Fetko, Y. I. « Euthanasia in the USA and Canada : theoretical and legal basis ». Uzhhorod National University Herald. Series : Law, no 67 (16 janvier 2022) : 54–58. http://dx.doi.org/10.24144/2307-3322.2021.67.10.
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The article investigates that due to the development of scientific and technological progress human rights are becoming increasingly relevant. Today, a new dimension of human rights is emerging - the fourth generation of human rights, providing for the human right to gender reassignment, organ transplantation, same-sex marriage, euthanasia, and so on. The problem of euthanasia attracts special attention of scientists. For the theory of law, the problem of euthanasia and its relationship with the law are of particular interest. In legal science, scholars have studied various aspects of the legalization of euthanasia, including countries such as Austria, Azerbaijan, Belgium, Greece, Georgia, Denmark, India, Iceland, Spain, Italy, the Netherlands, Germany, Poland, Portugal, Switzerland and Japan, but it seems is little studied is euthanasia in the legal systems of the United States and Canada. Today in the United States, the legal regulation of euthanasia is determined by the federal territorial structure of the state, where states can establish their own laws, this also applies to euthanasia. Euthanasia is allowed in 9 states, including Washington, Vermont, Hawaii, California, Colorado, Maine, Montana, New Jersey, Oregon and the District of Columbia. In Canada, a prerequisite for acceptance. The Law "On Amendments to the Criminal Code and Amendments to Other Laws (Regarding Medical Care at Death)" became the case of Carter v. Canada. The Law “On Amendments to the Criminal Code and Appropriate Amendments to Other Laws (Concerning Medical Care at Death)” at the federal level establishes the basis for the provision of medical care at death throughout the country. As for the provinces and territories of Canada, they have the power to legislate on death care, provided that they do not conflict with federal law. Most provinces and territories have adopted guidelines and policies for death care. Quebec is the only province that has passed a law, which regulates medical care at death.
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Mosconi, Paola, Giovanni Apolone, Giovanna Cattaneo, Livia Pomodoro et Silvio Garattini. « Ethics Committees in Italy : A Survey on a Sample of Oncologists ». Tumori Journal 89, no 2 (mars 2003) : 189–92. http://dx.doi.org/10.1177/030089160308900216.
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Aims and background The mission of physicians and the purpose of clinical research may give rise to a conflict between medical ethics and human rights. All the recommendations, directives and laws regarding experimental interventions require a formal protocol, approval from an ethics committee (EC), and written informed consent from potential participants. In Italy new guidelines on handling submissions to EC were published in 1998. One year later, there was a feeling among people involved in EC activities that the immediate impact of the new rules (ie, decentralization and emphasis on pharmacological aspects of the studies) was negative. A prospective study was launched to evaluate oncologists’ opinions on Italian EC functioning. Methods and study design A questionnaire was administered twice to 110 oncologists involved in two multicenter trials. Nine questions were included regarding the following aspects: presence of an EC at hospital level, personal experience with an EC, average time required for the evaluation of proposals submitted, and level of satisfaction with important functions of the EC. Results Responses were received from 93 (first survey) and 69 (second survey) clinicians. In both surveys clinicians reported they were satisfied with the scientific and ethical aspects of EC functioning but dissatisfied with educational activities and training as well as bureaucratic and clerical requirements. At the second survey, the mean time required for evaluation after the submission of a study protocol was about 2.4 months and the level of dissatisfaction was still high for some critical aspects such as bureaucracy (44%) and educational activities and training (64%). Analysis of the change over time documented small differences (from -8% to +7%) in all aspects evaluated. Conclusions Despite the limitations of the present study, ie, the small sample size and the intrinsic characteristics of the Italian setting, the findings add empirical evidence regarding the functioning of local EC and clinical researchers’ opinions. This experience confirms that empirical studies on medical ethics are feasible and may produce useful information to facilitate the implementation of EC in the medical and lay community.
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Meglio, Lucio, et Francesco M. Battisti. « Ignoranza della legge ed educazione alla legalitŕ in una societŕ complessa ». SOCIOLOGIA DEL DIRITTO, no 2 (décembre 2009) : 181–88. http://dx.doi.org/10.3280/sd2009-002013.
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- The aim of this article is to detect the opinions that people hold about the law, using the finely-tuned tools available from public opinion surveys. The problem of familiarity with the law, i.e. of laws that not only target the legal experts, but can also be under- stood by everyone, is becoming increasingly pressing in today's multicultural society, which features a far greater social heterogeneity than in a well-ordered, homogeneous society, such as might have been the case of Italy in the sixties. Combating ignorance of the law and facilitating a gradual but constant education for legality is the only way to guarantee that conflicts will be reduced and the rights of all members of society safeguarded.
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Xayrulina, Asal. « THE EMERGENCE AND DEVELOPMENT OF ALTERNATIVE WAYS OF DISPUTE RESOLUTION : NATIONAL AND FOREIGN EXPERIENCE ». Jurisprudence 1, no 5 (15 décembre 2021) : 110–16. http://dx.doi.org/10.51788/tsul.jurisprudence.1.5./tkjx5232.
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The article is determined to Alternative dispute resolution and their features. The system of out-of-court dispute resolution or alternative dispute resolution mechanisms - ADR (Alternative Dispute Resolution) - has existed in many foreign countries for many decades. The concept of ADR implies a wide range of dispute resolution mechanisms that do not duplicate litigation and are their alternative. The institute of alternative dispute resolution originates from ancient times. At certain periods of its historical development, various forms of dispute resolution arose in society, they represented a whole system of methods and procedures capable of resolving a conflict situation. The analysis of the emergence and development of the institute of alternative dispute resolution on the example of foreign countries (USA, Canada, India, Germany, Italy, Spain, Kyrgyzstan, Kazakhstan) and Uzbekistan, as well as its current state, is carried out. The first special laws regulating alternative procedures are given. The United States as the first country to have various programs for the development of alternative dispute resolution procedures. The author has studied the application of alternative dispute resolution in Uzbekistan (mahalla, arbitration courts, mediation). Having analyzed the development of the ADR in Uzbekistan and in foreign countries, the author noted the features of this institute.
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Bianchi, Marcello, et Luca Enriques. « Corporate governance in Italy after the 1998 reform : What role for institutional investors ? » Corporate Ownership and Control 2, no 4 (2005) : 11–31. http://dx.doi.org/10.22495/cocv2i4p1.
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his paper tries to answer two questions: first, whether the changes in the law resulting from the 1998 reform are able to positively affect the attitude to activism of institutional investors in Italy; and second, whether, legal rules aside, it is reasonable to expect significant institutional investor activism in Italy. We provide both an empirical analysis of the factors affecting institutional investor activism in Italy and a legal analysis of the most relevant changes in the Italian mutual funds and corporate laws, following the 1998 reform. The empirical analysis shows that institutional shareholdings and investment strategies are compatible with the hypothesis that institutional investors can play a significant role in the corporate governance of Italian listed companies. However, a curb to their playing such an active role may derive from the predominance of mutual fund management companies belonging to banking groups (giving rise to conflicts of interest) and from the prevailing ownership structure of listed companies, which are still dominated by controlling shareholders holding stakes higher than, or close to, the majority of the capital (implying a weaker bargaining power of institutions vis-à-vis controllers). The analysis of the legal changes prompted by the 1998 financial markets and corporate law reform indicates that the legal environment is now definitely more favorable to institutional investor activism than before. However, the Italian legal environment proves still to be little favorable to institutional investor activism, when compared to that of the U.S. or the U.K.
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Greyl, Lucie, Hali Healy, Emanuele Leonardi et Leah Temper. « Stop that train ! Ideological conflict and the TAV ». ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no 2 (septembre 2012) : 193–218. http://dx.doi.org/10.3280/efe2012-002009.
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The Susa Valley situated between Maurienne, France and Turin, Italy, has been urbanised by the economic development of the region. Scarred by infrastructure like the Frejus highway, an international railway, and numerous dams, tunnels and industries, this "development" has had significant environmental and social impacts. The high speed train line (Treno Alta Velocitŕ in Italian, or TAV) between Turin and Lyon is planned at the intersection of 2 main European axes to complement the European railway network by increasing the transport of passengers as well as goods. The train would pass through the Susa Valley, via 2 main tunnels and numerous shorter ones to cross the Alps. The "No TAV" movement is the grass-roots movement of the Susa Valley population against the construction of the line. This article, explores the motives and rationale of opponents and proponents, highlighting the role of power relations and an underlying clash of ideologies. It shows how the success and longevity of No TAV movement relies on one hand on the versatility and diversity of its arguments, and on the other, a renewed legitimacy in the context of the current social and economic crises of its arguments in favour of strong sustainability, degrowth and participatory democracy.
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Bolgherini, Silvia, Mattia Casula et Mariano Marotta. « Municipal reaction to functional rescaling in Italy ». International Journal of Public Sector Management 31, no 4 (14 mai 2018) : 448–65. http://dx.doi.org/10.1108/ijpsm-12-2016-0204.
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PurposeThe purpose of this paper is to discuss the municipal reaction to a recent rescaling policy in Italy that, since 2010, require to small municipalities to jointly manage their basic tasks (compulsory joint management – CJM) through intermunicipal forms of cooperation. The paper will investigate: how many small municipalities did effectively join their basic tasks; which forms of cooperation did they choose to perform these tasks; and which kind of reaction municipalities enacted toward the national provision.Design/methodology/approachQuantitative data rely on an original database collecting information on all Italian municipalities up to 2015. A qualitative research has also been conducted by submitting a semi-structured questionnaire and interviews to the civil servants in charge of the CJM in each of the 20 Italian regions and to other privileged interlocutors.FindingsItalian municipalities poorly complied with the CJM norm and when they did, they choose the easiest way to do it (using the simplest available intermunicipal cooperation form). Among the explanations for this reaction: the lack of consistency and clear political will of the national policy maker in respect to this norm and the lack of a mind set at the local level oriented to cooperation and networking.Originality/valueThis paper highlights the main patterns of conflict in functional rescaling of small-sized municipalities in Italy, thus providing both fresh new data on this phenomena and useful elements for shaping future policy making on this topic.
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Selmini, Rossella. « Towards Cittá sicure ? Political action and institutional conflict in contemporary preventive and safety policies in Italy ». Theoretical Criminology 9, no 3 (août 2005) : 307–23. http://dx.doi.org/10.1177/1362480605054813.
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Coscas-Williams, Béatrice, et Michal Alberstein. « A Patchwork of Doors ». New Criminal Law Review 22, no 4 (2019) : 585–617. http://dx.doi.org/10.1525/nclr.2019.22.4.585.
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Our paper surveys the development of criminal hybrid models in two continental jurisdictions, Italy and France, following the 1987 Recommendation of the Committee of Ministers of the Council of Europe to accelerate criminal proceedings through the introduction of guilty pleas, out-of-court settlements and simplified proceedings. We describe various frameworks for criminal justice as a multi-door arena, of which the plea bargaining is but one of several possibilities. In our review, we emphasize consensual elements, the place of the search of truth, and the role of the judges and other stakeholders. We outline the different paths that France and Italy have taken as incorporating adversarial and inquisitorial elements to increase efficiency. The French system made gradual modifications and remained inquisitorial by nature. Aside from the more recent integration of proceedings without trial inspired by plea bargaining, it has developed doors of abbreviated trials where the investigation stage is minimized. This has resulted in a different version of the vanishing trial—the vanishing investigation. The Italian system, on the other hand, has announced a drastic transformation to an adversarial framework of trial, while adopting mainly proceedings without trial. This shift has not resulted in a vanishing trial phenomenon, and currently, the full adversarial-type trial remains the main door in Italy. We describe the sequence of transformations of these systems and emphasize the significance of this contemporary patchwork of doors in terms of the role of the judges and the possibility of implementing a conflict resolution criminal justice perspective.
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Grillotti Di Giacomo, Maria Gemma, Pierluigi De Felice, Antonietta Ivona et Luisa Spagnoli. « Golf : Is It a New Form of Sustainable Tourism or a Violation of Traditional Rural Vocations ? Italy and Brazil : Comparison between Two Case Studies ». Sustainability 13, no 11 (28 mai 2021) : 6125. http://dx.doi.org/10.3390/su13116125.
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The present research work analyzes the path of territorial reconfiguration that has led to the new uses of agricultural land. In particular, the analysis focuses on the conflict of use between agriculture and sport. Is the sporting practice of golf a new form of sustainable tourism or a violation of traditional rural vocations? The paper compares two case studies in Italy and Brazil to try to answer the aforementioned research question. The two cases under study represent a conflict of land use between the hypothesis of persevering solely agricultural activity and the possibility of introducing new activities. Often, however, agriculture as the only activity practiced by a population is not enough to ensure a sufficient income; it is therefore necessary to diversify economic activities. As will be seen in the text, this does not mean a total abandonment of the primary activity in favor of other land uses apparently in contrast with it.
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Costalli, Stefano, et Andrea Ruggeri. « Indignation, Ideologies, and Armed Mobilization : Civil War in Italy, 1943–45 ». International Security 40, no 2 (octobre 2015) : 119–57. http://dx.doi.org/10.1162/isec_a_00218.
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Ideas shape human behavior in many circumstances, including those involving political violence. Yet they have usually been underplayed in studies of the causes of armed mobilization. Likewise, emotions have been overlooked in most analyses of intrastate conflict. A mixed-methods analysis of Italian resistance during the Fascist regime and the Nazi occupation (1943–45) provides the opportunity to theorize and analyze empirical evidence on the role of indignation and radical ideologies in the process of armed mobilization. These nonmaterial factors play a crucial role in the chain that leads to armed collective action. Indignation is a push factor that moves individuals away from accepting the status quo. Radical ideologies act as pull factors that provide a new set of strategies against the incumbent. More specifically, detachment caused by an emotional event disconnects the individual from acceptance of the current state of social relations, and individuals move away from the status quo. Ideologies communicated by political entrepreneurs help to rationalize the emotional shift and elaborate alternative worldviews (disenchantment), as well as possibilities for action. Finally, a radical ideological framework emphasizes normative values and the conduct of action through the “anchoring” mechanism, which can be understood as a pull factor attracting individuals to a new status.
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Dean, Janice. « Ideal Type Organisations and Company Law in Europe ». European Business Law Review 23, Issue 4 (1 juillet 2012) : 461–82. http://dx.doi.org/10.54648/eulr2012026.
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Different national cultures within Western Europe have very different models of what constitutes a 'well-functioning organisation'. Looking at the nations with the largest economies in the European Union (the French, Germans, Italians and British), the author considers how some of these different models (the 'pyramid', the 'machine', the 'family' and the 'market') have influenced the company laws of the countries in which they are prevalent. The piece then considers the implications for European Union company law of the variations between the predominant national models. Strengths and weaknesses of the various ideal types of organization and other possible models are considered. This article will examine companies in the quartet of European Union countries which have an annual GDP exceeding 1.5 trillion euros: Germany, France, the UK and Italy. Very broadly, two of them, France and Italy are Southern European (traditionally mainly Catholic) in culture as well as geographically, the other two are Northern European (historically mainly Protestant). The four nations remain diverse in economic structure, and particularly in average company size and the use of capital markets, although (with Germany being much the largest) the scale of the economies is similar. These major European Union countries also have different pre dominant models of effective corporate organisation, regulation and management. The discussion will contend that the diverse sets of regulations in part stem from, and are connected to, varied models of what constitutes a 'well-functioning organisation' in the four nations. These pervasive 'ideal types' of the effective organisation might be expected to influence what governments, shareholders and other stakeholders expect of the major companies and how corporate leaders behave. In the European Union, it is argued that national cultures, including views of what constitutes a well-functioning organisation, still provide the basis for social interaction including business activity. Some implications of these underlying differences of perspective for greater co-ordination of company law at European Union level will also be addressed. The strengths and weaknesses of the various 'ideal types' of organisation will be considered. Finally, some possible alternative conceptions of the 'well-organised' company in the 21st Century will be discussed. The continuing diversity of national cultures between Germany, France, the UK and Italy is reflected in their nationals' preferred ways of conceptualising organisations, including major business organisations. Hofstede quotes Owen J Stevens' study at INSEAD Business School - "The majority of the French tended to resolve [a conflict] by referring to the hierarchy; the British, through horizontal negotiation; and the Germans, through the establishment of procedures. Stevens identified the implicit model of a well-functioning organization for the French as a pyramid, that for the British as a (village) market, and that for the Germans are a well-oiled machine." As far as Italy is concerned, the 'family' model remains most salient. These observations led the current author to further examination of those models in the national contexts as they connected to company law. Questions of the adequacy or otherwise of those mental pictures also arose.
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Leonardi, Salvatore, et Natalia Distefano. « Turbo-Roundabouts as an Instrument for Improving the Efficiency and Safety in Urban Area : An Italian Case Study ». Sustainability 15, no 4 (10 février 2023) : 3223. http://dx.doi.org/10.3390/su15043223.
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In recent years, numerous turbo-roundabouts have been built in many European countries. To date, there are no turbo-roundabouts in Italy and even the regulations do not provide for their implementation. Turbo-roundabouts are considered the ideal alternative to multi-lane roundabouts as they have numerous advantages. However, they offer better operational performance only for specific traffic flow distributions. This research used the case study of an important and complex urban arterial road in eastern Sicily, Italy, to compare the operational and safety performance between multi-lane roundabouts and turbo-roundabouts. The evaluations were carried out with two simulation software: (1) AIMSUN Next 20.0.1 (operational performance); (2) SSAM 3.0 (safety performance). The results show that at medium/low traffic volumes, multi-lane roundabouts are significantly superior to turbo-roundabouts in terms of operational performance. At high traffic volumes, the operational performance of turbo-roundabouts improves significantly. As regards the safety parameters, for turbo-roundabouts there is always an increase in the TTC and PET, a reduction in maximum speeds and decelerations. There is also a significant decrease in conflict points. Ultimately, the safety and efficiency performance of turbo-roundabouts should: (1) Encourage administrations to replace the multi-lane roundabouts (illegal in Italy) with turbo-roundabouts; (2) encourage Italian legislators to revise intersection design legislation to include turbo-roundabouts among possible design solutions.
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Saona, Paolo, Laura Muro, Pablo San Martín et Hugo Baier-Fuentes. « BOARD OF DIRECTOR’S GENDER DIVERSITY AND ITS IMPACT ON EARNINGS MANAGEMENT : AN EMPIRICAL ANALYSIS FOR SELECT EUROPEAN FIRMS ». Technological and Economic Development of Economy 25, no 4 (23 mai 2019) : 634–63. http://dx.doi.org/10.3846/tede.2019.9381.
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From a corporate governance point of view, this paper addresses the question about how board gender diversity influences managerial opportunistic behavior for solving agency conflicts from a sample of European countries. Specifically, we analyzed indexed non-financial companies from Denmark, Finland, France, Germany, Italy, Norway, Portugal, Spain, Sweden, and United Kingdom for the period 2006–2016. Several panel data techniques are used in the empirical analysis to deal with the endogeneity and heterogeneity problems. To the best of our knowledge our research is novel in the literature by providing a multi-country approach in board gender diversity, as well as considering contextual country variables and the role of the regulatory system as determinants of earnings management. Our results confirm the benefits of having a balanced board in terms of gender diversity. An equilibrated board tends to mitigate earnings management practices, reinforcing the value of the laws passed in recent decades in Europe. Our analysis reveals that the regulatory framework regarding board gender diversity established by each country has a determinant role in reaching equality in decision-making positions, as a founding value of the European Union. We provide several policy recommendations from our main findings
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Iannace, Gino, Amelia Trematerra et Ilaria Lombardi. « Effects of nightlife noise in a city center ». Noise Mapping 8, no 1 (1 janvier 2021) : 228–35. http://dx.doi.org/10.1515/noise-2021-0018.
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Abstract The term Movida takes its name from the evening and night life of the city for their liveliness and animation. During the Movida, noise is one of the problems in the city centers due to the negative effects on the resident population. This paper reports the effects of noise due to the Movida phenomenon within the city center in southern Italy. Along the roads affected by the Movida phenomenon, the values of sound levels in dBA were measured both with fixed stations with a sound level meter and with mobile stations by wearing a noise dosimeter a participant of Movida. The measured noise levels are between 85 dBA to 90 dBA. The noise levels show that the Movida phenomenon generates disturbing conditions on the resident population with consequent conflict between club managers, patrons and residents.
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Gómez Biamón, José Rafael. « Autonomy Italian Style : Sovereignty in Südtirol/Alto Adige ». Italian Review of Legal History, no 8 (22 décembre 2022) : 341–68. http://dx.doi.org/10.54103/2464-8914/19450.
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A critical legal thinking analysis of autonomy in Südtirol/Alto Adige is useful for rethinking Italian sovereignty in the province. Initiating with articles 5, 6, and 116 of the Italian Constitution (1948) and subsequently with two statutes of autonomy (1948 and 1972) with several amendments, a particular system of law was constructed in the context of the Italian regional state.Several historical events have also determined the current Südtirol/Alto Adige autonomous status. Most notably during the aftermath of World War I, it was subject to a change in sovereignty from Austria to Italy. Soon after, during the fascist period, a failed attempt at so-called Italianization dramatically lessened the rights of the Ladin and German-speaking majority. Moreover, following the devastation of World War II autonomy was granted but not fully accepted in its original form by the majority of the population in Südtirol/Alto Adige. As a consequence, the political movement for self-determination became more relevant and terrorist violence emerged. The international community stepped up to the conflict and the Italian government established a new form of autonomy that brought justice and peace.Thereafter, Südtirol/Alto Adige’s autonomy has received support and recognition from the United Nations, the European Union, and other international organizations.
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Skinner, S. « The Right to Life, Democracy and State Responsibility in 'Urban Guerilla' Conflict : The European Court of Human Rights Grand Chamber Judgment in Giuliani and Gaggio v Italy ». Human Rights Law Review 11, no 3 (19 août 2011) : 567–77. http://dx.doi.org/10.1093/hrlr/ngr021.
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Reese, Willis L. M., Eugene F. Scoles et Peter Hay. « Conflict of Laws ». American Journal of Comparative Law 33, no 2 (1985) : 332. http://dx.doi.org/10.2307/840211.
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Marcelli, Marco, Sergio Scanu, Francesco Manfredi Frattarelli, Emanuele Mancini et Filippo Maria Carli. « A Benthic Zonation System as a Fundamental Tool for Natural Capital Assessment in a Marine Environment : A Case Study in the Northern Tyrrhenian Sea, Italy ». Sustainability 10, no 10 (19 octobre 2018) : 3786. http://dx.doi.org/10.3390/su10103786.
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Coastal marine areas are characterized by the highest values of ecosystem services and by multiple uses that are often in conflict with each other. Natural capital analysis is claimed to be a valid tool to support space planning. In the context of the Marine Strategy Framework Directive (MSFD) of the European Union (EU), the EU Joint Research Centre (JRC) Scientific and Policy Report 2014 defines the monitoring of specific descriptors and their possible use, based on an ecosystem-services approach. Mediterranean marine ecosystems are characterized by high biodiversity and the presence of relevant benthic biocenosis that can be used as a tool to support coastal planning, conservation, and monitoring programs. In this study, we considered the Mediterranean benthic biocenosis, as classified by Pérès and Picard, as a working tool and propose a basic spatial unit for the assessment of marine ecosystem services. Focusing on a high-resolution local-scale analysis, this work presents an accurate identification of the different biocenoses for the coastal area of Civitavecchia in the Northern Tyrrhenian Sea, Italy, and ecosystem services, as well as a benefits assessment, of the Posidonia oceanica meadows.
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D’Auria, Alessio, Pasquale De Toro, Nicola Fierro et Elisa Montone. « Integration between GIS and Multi-Criteria Analysis for Ecosystem Services Assessment : A Methodological Proposal for the National Park of Cilento, Vallo di Diano and Alburni (Italy) ». Sustainability 10, no 9 (18 septembre 2018) : 3329. http://dx.doi.org/10.3390/su10093329.
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Ecosystem services play a fundamental role in society; their characteristics and the production of their natural generated capital are fundamental elements in the functioning of the support system of life on Earth. The loss of ecosystem services contributes to food and energy uncertainty, increases vulnerability to natural disasters, such as floods or tropical storms, decreases the level of health, reduces the availability and quality of water resources and affects cultural heritage. This study has conducted a quantitative estimate of ecosystem services and their evaluation for a wide, complex and sensitive area: The National Park of Cilento, Vallo di Diano and Alburni, in Southern Italy. The assessment has been undertaken via a preliminary, partial evaluation model and further through the TOPSIS method. Research results have led to a scenario highlighting a dualism on the territory shaped by the differences between internal and coastal areas, defining themselves as complementary and necessary to each other. To improve the sustainable use of territorial resources, it is necessary to adopt policies and strategies from those that are available, always taking into account any possible conflict between conservation and development.
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Falco, Alessandra, Damiano Girardi, Alessandro De Carlo, Cecilie Schou Andreassen et Laura Dal Corso. « Work Addiction among Bank Employees in Italy : A Contribution to Validation of the Bergen Work Addiction Scale with a Focus on Measurement Invariance across Gender and Managerial Status ». Sustainability 14, no 21 (22 octobre 2022) : 13714. http://dx.doi.org/10.3390/su142113714.
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This study contributes to the validation of the Bergen Work Addiction Scale (BWAS) in the Italian context, with a focus on measurement invariance across gender and managerial status. The BWAS is a consolidated measure of work addiction (WA) anchored in general addiction theory that comprises seven items representing the core addiction components. Participants were 8419 bank workers (37.7% women, 12.9% managers) who completed a self-report questionnaire including the Italian version of the BWAS (BWAS-I) and the Dutch Work Addiction Scale, as well as measures of work engagement, perfectionism, workload, psycho-physical symptoms, work–family conflict, and job satisfaction. Results confirmed the single-factor structure of the BWAS-I. Partial scalar invariance held across gender and managerial status, meaning that most—but not all—item intercepts were equivalent across different populations. Furthermore, the BWAS-I showed adequate convergent, discriminant, criterion-related, and incremental validity. This study showed that the BWAS-I is a valuable instrument that can be used by researchers and practitioners to assess WA in the Italian context.
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Molino, Monica, Emanuela Ingusci, Fulvio Signore, Amelia Manuti, Maria Luisa Giancaspro, Vincenzo Russo, Margherita Zito et Claudio G. Cortese. « Wellbeing Costs of Technology Use during Covid-19 Remote Working : An Investigation Using the Italian Translation of the Technostress Creators Scale ». Sustainability 12, no 15 (23 juillet 2020) : 5911. http://dx.doi.org/10.3390/su12155911.
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During the first months of 2020, the Covid-19 pandemic has affected several countries all over the world, including Italy. To prevent the spread of the virus, governments instructed employers and self-employed workers to close their offices and work from home. Thus, the use of remote working increased during the pandemic and is expected to maintain high levels of application even after the emergency. Despite its benefits for both organizations and workers, remote working entails negative consequences, such as technostress. The present study had a double aim: to test the psychometric characteristics of the Italian translation of the brief version of the technostress creators scale and to apply the scale to investigate technostress during the Covid-19 emergency. The research involved 878 participants for the first study and 749 participants for the second one; they completed a self-report online questionnaire. Results confirmed the three-factor structure of the Italian technostress creators scale and highlighted positive relationships between workload, techno-stressors, work–family conflict and behavioural stress. The role of remote working conditions has been analysed as well. The study provided a useful tool for the investigation of technostress in the Italian context. Moreover, it provided indications for practice in the field of remote working and workers’ wellbeing.
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Bartocci, Luca, Giuseppe Grossi et Sara Giovanna Mauro. « Towards a hybrid logic of participatory budgeting ». International Journal of Public Sector Management 32, no 1 (14 janvier 2019) : 65–79. http://dx.doi.org/10.1108/ijpsm-06-2017-0169.
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PurposeParticipatory budgeting (PB) is considered a suitable tool for supporting and promoting citizen engagement in government work. Previous studies of PB have deeply investigated its design and effects, but paid little attention to the underlying logics of adopting and implementing PB. The purpose of this paper is to, accordingly, investigate the development over time of the institutional logics of PB and attempt to explain their effect on PB.Design/methodology/approachUsing a longitudinal multiple case study design, this research analyzes the evolution of institutional logics over time and across five municipalities in Italy. The analysis integrates documents with interviews conducted at two times to investigate the evolution of PB logics.FindingsThe development of PB is characterized by the spread of two emerging logics–i.e. managerial and community-building logics–that replace or coexist with the traditional political logic. Indeed, these different logics can coexist within governments, with different degrees of conflict or coexistence, resulting in what can be considered a hybrid logic.Research limitations/implicationsAlthough the number of examined cases is limited, this research elaborates an original conceptual approach and provides new insights that could help in better designing and implementing PB.Originality/valueThis research builds knowledge of PB by shedding light on its different logics, linking them to diverse specific models of PB and exploring their changes over time.
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Rammeloo, Stephan. « Book Review : Conflict of Laws ». Maastricht Journal of European and Comparative Law 9, no 1 (mars 2002) : 104–7. http://dx.doi.org/10.1177/1023263x0200900106.
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Cafiso, Salvatore, Alessandro Di Graziano, Tullio Giuffrè, Giuseppina Pappalardo et Alessandro Severino. « Managed Lane as Strategy for Traffic Flow and Safety : A Case Study of Catania Ring Road ». Sustainability 14, no 5 (2 mars 2022) : 2915. http://dx.doi.org/10.3390/su14052915.
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According to international traffic statistics, the quantity of daily traveling vehicles amounts to one billion, and it is estimated that in 2050 that amount will reach four billion. Urban population is growing especially in large metropolitan areas. This increase has different outgrowths concerning regular circulation, safety, and climatic perspectives. Therefore, the present and further increase of traffic flow is affecting the operational and safety performance of several roadway categories. Urban ring roads belong to a roadway category that is particularly subjected to congestion phenomena, but in many cases, public administrations are unable to afford required expenses to upgrade or build new roadways. Therefore, an intervention is needed that increases the capacity of existing infrastructures with limited cost results to be fundamental. In such a framework, the dynamic use of hard shoulder running (HSR) would represent a valid solution that both exploits existing infrastructures and facilitates traffic outflow by implementation of smart digital roads, with limited interventions on the physical infrastructure. Despite the expected improvements in traffic capacity, the HSR poses safety issues particularly in specific locations (e.g., interchanges) and for the operation of the transition phase for opening and closing the HSR. In this paper, the applicability and usefulness of microsimulation were tested with the Catania (Italy) ring road, as a case study, through the application of VISSIM traffic microsimulation software and SSAM traffic conflict tool, implementing different scenarios for the activation of the HSR.
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Berlinguer, Aldo. « The Italian Road to Trusts ». European Review of Private Law 15, Issue 4 (1 août 2007) : 533–53. http://dx.doi.org/10.54648/erpl2007030.
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Abstract: In Italy, there are still today no exhaustive systematic rules on trusts. Aspects of this institute, as developed in common-law jurisdictions, give rise to considerable practical difficulties, since they conflict with some linchpin tenets of the civil law tradition, including the general principle of the liability of the debtor, the conception of property as an absolute right and the limited number of rights in rem, the prohibition of succession agreements. Despite all this, large efforts have been recently made to introduce, in the Italian legal system, institutes that would perform at least some of the peculiar functions of trusts. This is not an isolated phenomenon but a tendency characterizing a growing number of other systems, including Luxembourg, Quebec, Uruguay, China, Republic of San Marino and, lastly, France. Such tendency is fostered by a number of reasons: EU Institutions have recently proved very pro-active towards trusts, inviting member states to introduce equivalent tools in their legislation. The growing competition among regulators for providing hospitable environments to investors has also pushed even the more conservative to innovate. A fit example of this can be found in the recent law on fiducie which has substantially transplanted in the French systema tool that closely resembles the trust. Following the introduction of this new, valuable instrument, large portions of the French system will be dramatically modified, including those areas of the law, as successions, that are not directly touched upon. A shift of perspective has thus occurred: from the idea, shared until today that the fundamental principles of civil law could only be derogated in specific and exceptional circumstances, to the awareness of their actual reduction to the status of ordinary rules. Comparing the new regulation governing the fiducie with the Italian surrogates of the trust, it appears quite obvious that such important modernization process has yet to be conceived in Italy, where a similar shift of perspective is still far to come. Résumé: Encore aujourd’hui, en Italie, le système juridique ne règlemente pas, de manière systématique, le phénomène du trust. Certains aspects de cet institut, développés dans les pays de common law, contrastent avec les fondations primaires de la tradition civiliste, qui prévoit la responsabilité patrimoniale du débiteur, la conception de la propriété comme droit absolu, le nombre limité des droits réels, l’interdiction des pactes successoraux. Cependant, nombreux atteints ont étés faits pour introduire dans le système de droit Italien, des institutes qui puissent reproduire au moins certains effets du trust. Il ne s’agit pas d’un phénomène isolé mais d’une tendance partagée par d’autres systèmes, comme Luxembourg, Québec, Uruguay, China, République de San Marino, France. Cette tendance s’explique pour différentes raisons: elle à été encouragée par les institutions européennes, qui ont étés très actives en faveur de l’adoption des institutes comme le trust. La compétition croissante parmi les législateurs afin d’attraire des investissements a poussé même les plus conservatifs à innover. Emblématique est la récente introduction de l’in
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Coppola, Pierluigi, Diego Deponte, Alessandro Vacca, Federico Messa et Fulvio Silvestri. « Multi-Dimensional Cost-Effectiveness Analysis for Prioritizing Railway Station Investments : A General Framework with an Application to the Italian Case Study ». Sustainability 14, no 9 (19 avril 2022) : 4906. http://dx.doi.org/10.3390/su14094906.
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In recent years, several authors have highlighted the merits of the Cost-Effectiveness Analysis (CEA), e.g., compared to Cost-Benefits Analysis (CBA), particularly for small projects appraisal (e.g., revamping or extraordinary maintenance interventions) and when the impacts of the project are difficult to value or quantify in monetary terms. CEA is a quite consolidated technique, typically applied in practice when one specific impact prevails over the others. This research extends the concept of CEA to a multi-dimensional decision-making context, outlining a methodological framework that includes several criteria to assess the impacts of railway station revamping in urban contexts. The proposed method has already been applied for the project appraisals of five railway stations in Italy; this paper presents the application to a case study representing the typical configuration of a medium-sized Italian railway station. Results have shown that the proposed approach is a valid tool for both designers and infrastructure managers for prioritizing railway station investments in the presence of multiple strategic objectives that also conflict with each other. A multi-dimensional CEA can provide, in a communicative, lean, and effective way, the information on investment costs and the impacts that different policies, layouts, and technological solutions would have, creating the basis for a more transparent debate on resource allocation priorities. Finally, results have shown that the CEA is not only a method for project assessment, but also a tool for improving and directing the design towards the identification of interventions that allow the achievement of the key objectives set ex ante.
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Basedow, Jürgen. « Consistency in EU Conflict of Laws ». Korea Private International Law Journal 24, no 2 (31 décembre 2018) : 433–60. http://dx.doi.org/10.38131/kpilj.2018.12.24.2.433.
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Margo, Rod D. « Conflict of Laws in Aviation Insurance ». Air and Space Law 19, Issue 1 (1 février 1994) : 2–7. http://dx.doi.org/10.54648/aila1994001.
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Polak, Maurice V. « Conflict of Laws in the Air ». Air and Space Law 17, Issue 2 (1 avril 1992) : 78–86. http://dx.doi.org/10.54648/aila1992015.
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Park, Jung Ho. « Change of post-conflict Cadastral laws ». Journal of the Korean Cadastre Information Association 22, no 1 (30 avril 2020) : 18–31. http://dx.doi.org/10.46416/jkcia.2020.04.22.1.18.
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BRIGGS, A. « Conflict of Laws : Postponing the Future ? » Oxford Journal of Legal Studies 9, no 2 (1989) : 251–59. http://dx.doi.org/10.1093/ojls/9.2.251.
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Rogerson, Pippa. « CONFLICT OF LAWS – FOREIGN COPYRIGHT JURISDICTION ». Cambridge Law Journal 69, no 2 (11 juin 2010) : 245–47. http://dx.doi.org/10.1017/s0008197310000437.
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Hartley, Trevor C. « ‘LIBEL TOURISM’ AND CONFLICT OF LAWS ». International and Comparative Law Quarterly 59, no 1 (janvier 2010) : 25–38. http://dx.doi.org/10.1017/s0020589309990029.
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AbstractThis article considers the problem of ‘libel tourism’ (forum shopping in transnational libel cases) from the point of view of English and EU law (both relevant in certain situations). If proceedings are brought in a forum having no real connection with the case, and if the lex fori is applied, free speech in other countries could be undermined. This is particularly a problem where the case is brought in England, because of the pro-claimant slant of English libel law. The article notes when English conflicts law is applicable and when EU conflicts law is applicable, and explains the English and EU law regarding choice of law, jurisdiction and forum non conveniens in order to assess whether there is a genuine problem. It concludes that there is, particularly with regard to the Internet. Possible solutions are suggested.
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Harris, J. « Tracing and the Conflict of Laws ». British Yearbook of International Law 73, no 1 (1 janvier 2003) : 65–101. http://dx.doi.org/10.1093/bybil/73.1.65.
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Gray, Anthony. « Conflict of laws and the cloud ». Computer Law & ; Security Review 29, no 1 (février 2013) : 58–65. http://dx.doi.org/10.1016/j.clsr.2012.11.004.
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Vygovskyy, Oleksandr. « Conflict of laws issues related to securities transactions ». Informatologia 52, no 1-2 (30 juin 2019) : 45–54. http://dx.doi.org/10.32914/i.52.1-2.5.
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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues
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Vygovskyy, Oleksandr. « Conflict of laws issues related to securities transactions ». Media, culture and public relations 10, no 1 (31 mars 2019) : 57–66. http://dx.doi.org/10.32914/mcpr.10.1.6.
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In this article we examine the conflict of laws issues of cross-border securities transactions. It deals with the problems of attributing lex situs to securities held under direct holding system and conflict of laws problems related to intermediated securities. We analyze possible variants of the conflict of laws rule for the securities and formulate our own attitude towards identification of the most efficient solutions of conflict of laws issues.
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Novikova, Tatiana V. « Application by Court of the Closest Connection Principle as General Gapfilling Conflict of Laws Rule ». Rossijskoe pravosudie, no 12 (25 novembre 2021) : 34–41. http://dx.doi.org/10.37399/issn2072-909x.2021.12.34-41.
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Problem Statement. Addition of new conflict of laws rules to the section VI of the Civil Code of the Russian Federation and exclusion of corresponding relations from the closest connection principle domain in 2013 raise the issue of this principle regulative potential in the modern context. Goals and Tasks of the Research. The main goal of the research is to substantiate relevance for application by court of the closest connection principle as general gap-filling conflict of laws rule. The indicated goal presupposes two tasks: firstly, on the basis of legal doctrine and judicial acts analysis to reveal legal relations for which there is no conflict of laws rule at the moment; and, secondly, to make analysis of specific case where multinational foreign elements do not permit to solve conflict of laws. Methods. Methods of the research embrace general scientific and particular scientific. The first are the general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach according to which the native conflict of laws is considered as integrated system. The key role among the second plays the comparative legal method which allows to compare positions of legal doctrine and various judicial acts regarding application of the closest connection principle. Results, Brief Conclusion. Thesis is substantiated that the closest connection principle as general gap-filling conflict of laws rule will be relevant as far as social relations are evolving and its new forms require legal, including conflict of laws, regulation. The author makes conclusion that the closest connection principle under para. 2 art. 1186 of the Civil Code of the Russian Federation should be applied by court, firstly, when conflict of laws (on the level of international treaty, national legislation and custom) has no rule for private legal relation of international character; and, secondly, when coexistence of several multinational elements, all relevant from the point of view of the applicable conflict of laws rule, does not permit to solve the conflict of laws.
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Collier, J. G. « Conflict of Laws and Enforcement of Foreign Public Laws : Antipodean Attitudes ». Cambridge Law Journal 48, no 1 (mars 1989) : 33–36. http://dx.doi.org/10.1017/s0008197300108281.
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Марышева, Наталия, et Nataliya Maryshyeva. « Modern Trends of Conflicts of Laws Regulation of Tort Liabilities : EU Regulation of 2007 “On the Law Applicable to Non-Contractual Obligations” (Rome II) and the Russian Legislation ». Journal of Russian Law 4, no 6 (30 mai 2016) : 0. http://dx.doi.org/10.12737/19766.
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The article is devoted to the conflict of laws regulation of torts under Rome II (Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 “On the law applicable to non-contractual obligations”) and under the Russian legislation. The analysis of the Rome II provisions and the relevant norms of the Civil Code of the Russian Federation (including significant changes made to the Code by the Federal Law of the Russian Federation, dated 30 September 2013) identifies current trends in the development of conflict of laws regulation of torts and the impact of the Rome II Regulation on the Russian legislation. The author notes that in the Russian legislation, as well as in Rome II, the operation of the basic conflict of laws rule is combined with the operation of special conflict of laws rules; the possibility to use the autonomy of the will of the parties in conflict of laws of torts is extended; the use of the principle of closer connection with the tort is allowed, though in a more restricted form than in Rome II. The author regards the whole complex of the conflict of laws rules on torts in the modern Russian legislation as the result of development towards softening of the basic conflict of laws rule aimed at the creation of a more flexible framework for conflict of laws regulation of torts. Here the provisions of the Rome II served as a sample in many ways.
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Tonella, Doro. « Training in naturopathy in Italy : recent laws ». European Journal of Integrative Medicine 4 (septembre 2012) : 191. http://dx.doi.org/10.1016/j.eujim.2012.07.924.
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Leslie, Robert. « Unjustified Enrichment in the Conflict of Laws ». Edinburgh Law Review 2, no 2 (mai 1998) : 233–41. http://dx.doi.org/10.3366/elr.1998.2.2.233.
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Gravir, Gaute Simen. « Conflict of Laws Rules for Norwegian Companies ». European Business Law Review 12, Issue 7/8 (1 juillet 2001) : 146–53. http://dx.doi.org/10.54648/396524.
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Swan, John. « Bora Laskin and the Conflict of Laws ». University of Toronto Law Journal 35, no 4 (1985) : 580. http://dx.doi.org/10.2307/825542.
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Garnett, Richard. « Internationalism in New Zealand conflict of laws ». Journal of Private International Law 17, no 2 (4 mai 2021) : 380–97. http://dx.doi.org/10.1080/17441048.2021.1924423.
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