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Full-Text Articles in Law
Labour Rights In A Globalised World: What Future? Higher Standards Or "Race To The Bottom"?, Francesco Montanaro, Luigi Testa
Labour Rights In A Globalised World: What Future? Higher Standards Or "Race To The Bottom"?, Francesco Montanaro, Luigi Testa
Bocconi Legal Papers
This paper tries to assess the impact of economic globalization on national labour law. The liberalization of movement of capitals, goods and services created a competition between developed and developing countries. Developed countries in order to not lose this new challenge started to modify their labour legislation, curtailing or erasing consolidated rights in the name of flexibility. Deregulation became the leit motiv of the last thirty years. In this scenario both the soft law and the conventions promoted and adopted by International Labour Organizations (ILO) seem to be ineffective, not enforceable. Nevertheless, a global governance and regulation of labour law …
Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo
Global Law And Plunder: The Dark Side Of The Rule Of Law, Ugo Mattei, Marco De Morpurgo
Bocconi Legal Papers
The ‘rule of law’ has traditionally been conceived as an intrinsically positive and politically neutral ‘tool’, universally valid and capable of being ‘exported’ everywhere. This paper—which represents a synthetic exposition of the ideas expressed in Ugo Mattei and Laura Nader, Plunder: When the Rule of Law is Illegal (Blackwell Publishing, Oxford 2008)—asserts that such an ambiguous concept has a bright and a dark side, the latter being excluded from any public discussion. The rhetoric of the ‘rule of law’ has been used by Western powers in order to justify interventions (mainly) into the ‘developing’ world, that ultimately turned into practices …
Law & Globalization, Giovanni Iudica
Law & Globalization, Giovanni Iudica
Bocconi Legal Papers
This article explores the position of law vis-à-vis the complex phenomenon of globalization. It begins by defining globalization as the change brought about by the onset of market economy and by the technological revolution of the twentieth century. The article goes on to sketch a short history of the institutions which globalization has had the greatest destabilizing impact on: the national State and—for civil law jurisdictions—codifications. The declining role of States (and their codes) is then presented as the main reason for the enhanced importance of lex mercatoria in regulating international exchanges. This change translates, in practice, in the increased …
The Reduction Of Air Pollution: States And Markets For An Environmental Global Governance, Marta D'Auria
The Reduction Of Air Pollution: States And Markets For An Environmental Global Governance, Marta D'Auria
Bocconi Legal Papers
The air pollution is a global issue; therefore, in order to deal with it, the solution cannot be national. Not only does the Kyoto Protocol establish specific deadlines and quantitative targets for the reduction of greenhouse gases, but it also provides for the so-called ‘flexibility mechanisms’. Among these, it should be mentioned the ‘emissions trading’ system, which establishes a cap of allowable emissions, by allocating ‘emissions allowances’ and trade in them. The paper analyses four main aspects. Firstly, the choice of market-based instruments in the environmental policy, which mark the shift from ‘command-and-control’ to a new type of regulation. Secondly, …
On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman
On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman
Bocconi Legal Papers
This paper investigates the topic of universal jurisdiction, ie the supranational prosecution and repression—without the necessity of a link between the accused and the prosecuting state—of crimes of such gravity and magnitude as to collide with certain core values accepted by the international community and transcending the peculiarity of national interests. The focus of the chapter is exactly to try and discern the scope of universal jurisdiction, distinguishing between the two different versions of universality theorized by contemporary authors: ‘conditional universal jurisdiction’, which requires the presence of the accused in the prosecuting state, and ‘absolute universal jurisdiction’, according to which …