Economy and Business (Books and Journals)

• University of Bologna Law Review

• University of Bologna Law Review

This article aims to trace the recent changes in the case law of the European Court of Human Rights, pertaining to the legitimate aim test, which has so far not been appropriately considered in existing jurisprudence. It first shows that the legitimate aim test is not just a paper tiger, and has a bigger bite than it has been given credit for, especially for the last ten years. Furthermore,...

• University of Bologna Law Review

The article examines the emergence, development and current legal regulation of the sale and purchase agreement, and reveals the place of sale of quotas for greenhouse gas emissions in the system of civil contracts. The character of the sale of emission quotas between states is considered, as well as the legal nature of the quota sale (carbon units) contract in the framework of national...

• University of Bologna Law Review

Controlling shareholders and their activities in publicly traded companies have long stirred debate and controversy. Still dominating the corporate landscape across the world, concentrated ownership has been associated with both extraction of private benefits of control (P.B.C.) and entrepreneurship. Drawing on the theories on corporate control, this article contributes to accomplishing the law’s

• University of Bologna Law Review

The aim of this article is to review the existing discipline of legal institutes in connection with significant violations of substantive or procedural legal norms and its significance in criminal proceedings in the Republic of Latvia and the Republic of Lithuania, their common and different features, problems and case law. The basis of the research is the analysis of regulatory enactments, court

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

The novel coronavirus (Covid-19) pandemic has resulted in the disruption of activities in major centres of global production, with adverse portents for contractual obligations across global supply chains. The global pervasiveness and dynamic propagation of the risks arising from contractual failures provides an opportunity to reconsider the nature and impact of mechanisms for excusing failure to...

• University of Bologna Law Review

This note surveys the roots of a phenomenon called "conflict of international agreements", which forms a distinctive source of legal uncertainty in trans-border disputes, with a particularly high incidence in the field of air law. The authors suggest that the conflict of international agreements should be understood as an added layer of legal complexity in trans-border air law disputes, beyond...

• University of Bologna Law Review

This article explores a different perspective on the right to dignity of the surrogate mother in commercial surrogacy arrangements under international human rights norms and philosophical principles. Here, I examine the concept of human dignity under the lenses of contemporary legal theory reflecting on the right to self-determination of the surrogate mother. This dignity-based approach serves...

• University of Bologna Law Review

• University of Bologna Law Review

Data, much like other currencies, flows cross-border -from one jurisdiction to the other. However, it is hard to regulate the privacy aspects surrounding such free-flowing data by rules strictly based on jurisdiction. This article thereby begins by discussing the importance of data protection regulations like the General Data Protection Regulation (G.D.P.R.), followed by a brief analysis of the...

• University of Bologna Law Review

Loss of, or damage to goods is a frequent occurrence in the shipping industry, which may often occur as a result of improper cargo-handling operations during loading, discharging or even stowing. This highly concerns cargo interests, as they will seek to reimburse their loss from their carriers under bills of lading. Often, the bill of lading may well contain terms of a charterparty by way of...

• University of Bologna Law Review

In philosophy, legal theory and law, the Grundnorm, or basic norm, is often assumed to be the constitution, or that which overrides other norms. That is incorrect. This paper argues that the grundnorm should be the norm which regulates human procreation. This norm must proceed from the theoretical absence of human power, or a zero baseline. This essay attempts to correct the grundnorm fallacy...

• University of Bologna Law Review

Two of the most important categories of government intervention in response to COVID-19 are business closures and mask mandates. The scientific literature supports the efficacy of mask-wearing to reduce the transmission of respiratory viruses (including COVID-19). However, the efficacy is greater in stopping outbound transmission (meaning that my mask protects you) than inbound transmission (meani

• University of Bologna Law Review

Transitional Justice [hereinafter T.J.] in the post-revolution phase refers to the policies that aim to deal with the autocratic past-regime violations against its people to achieve accountability and democracy and promote human rights and the rule of law. To achieve these goals, the United Nations, within its Rule of Law Initiative, issued in 2010, a set of five mechanisms that work as...

• University of Bologna Law Review

The European Union (EU) is pursuing an ambitious trade agenda despite increased controversy over the negotiating process and substance of trade agreements. This controversy raises questions about the legitimacy of trade agreements, as Cecilia Malmström, former European Commissioner for Trade, has acknowledged. This article seeks to evaluate the legitimacy of the EU's agreements, with a focus on...

• University of Bologna Law Review

Malaysia is a pioneer in drafting and executing personal data protection law among the ASEAN countries. However, the adequacy of this protection regime is questionable. This study is aimed at evaluating the aptitude of the Personal Data Protection Act (2010) (P.D.P.A.) from the application perspective. The evaluation and analysis of the application and scope of the P.D.P.A. through comparative...

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• University of Bologna Law Review

• University of Bologna Law Review

This article uses the research from Kal Raustiala's book, Does the Constitution Follow the Flag? : The Evolution of Territoriality in American Law, and the research from several of my articles on extraterritorial applications to explain how the United States has used the regulatory tool, extraterritoriality, since the time of the American Founding and how such use has differed as the United...

• University of Bologna Law Review

The tension between safety and privacy has become an important issue in the modern world. Video surveillance systems are indeed powerful tools for fighting crime on the one hand, and for the protection of property from theft on the other. The European Court of Human Rights (ECtHR) has examined the issue of video surveillance in many of its decisions. In this work, the author analyses the issue of

• University of Bologna Law Review

Technology is disrupting the practice of law and revolutionizing how lawyers work. This revolution is made more powerful because it is increasingly coupled with a rigorous and scientific approach to the law. In some ways, law is looking more like a Silicon Valley startup and less like the oak-paneled law firms of the last 200 years. As law, technology, and science merge, the implications for the...

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

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