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Articles 1 - 7 of 7
Full-Text Articles in Law
The Liability Of Professional Underwriters For Transfer Of Corporate Bonds Issued Beyond Legal Limits, Antonio Carbone
The Liability Of Professional Underwriters For Transfer Of Corporate Bonds Issued Beyond Legal Limits, Antonio Carbone
Bocconi Legal Papers
The present work aims to provide an analysis of the liability of professional underwriters deriving from the transfer of corporate bonds issued beyond legal limits under Italian law. After a brief introduction over the new limits for the issuance of bonds, enacted in 2003 by the Corporate Law Reform, the paper focuses on section 2412 (2) of Italian Civil Code, scrutinizing what plaintiffs can invoke the cause of action set forth by the rule and against what defendants, and analyzing the nature and origins of this liability. The following part of the paper examines the relationship between section 2412(2), banks' …
Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden
Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden
Bocconi Legal Papers
Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales that underlie the ‘high seas’, ‘private ends’ and ‘two ships’ requirements of the crime articulated within UNCLOS 1982 have no relevance in the new millennium. Piracy should be redefined to include the kinds of maritime crimes that are commonly perpetrated on the seas, and a very broad notion of universal jurisdiction should attach to the crime, such that any state would be permitted to enter the territorial sea of another …
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 …
Secondary Boycotts And Ally Doctrine In The U.S. Law Of Strikes, Jacopo Busnach Ravenna
Secondary Boycotts And Ally Doctrine In The U.S. Law Of Strikes, Jacopo Busnach Ravenna
Bocconi Legal Papers
The paper aims to schematically illustrate the legal genesis of the concept of secondary boycott in U.S. statutory law and its application in the relevant case law. For this purpose, a brief overview of the historical origin of the right to strike is provided, along with the analysis of the evolutionary process which led to its inclusion in the Constitutional Charts of many European countries. This introduction is followed by a description of the legislative steps towards the enactment of the Wagner Act (1935), as amended by the Taft-Hartley Act (1947), and of the Landrum-Griffin Act (1959), especially focusing on …
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 …