This notice from Camilla Crea, Andrea Federico, Pasquale Femia, and Giovanni Perlingieri, the editors in chief of the Italian Law Journal:
The Italian Law Journal has just released Volume 9, Issue 1 (2023), which you can view and download for free at www.theitalianlawjournal.it/current2/.
We wish to thank our dedicated readership and all the authors for their valuable contributions.
Included are some quite interesting articles and as well essays that were produced in conjunction with the Symposium: Fashion Law, Italian Style.
The abstracts and links follow below.
9 THE ITALIAN LAW JOURNAL NO. 1 (2023)
ESSAYS
by R.A. Albanese
This work discusses how different conceptions of contract within European Private Law shape the way of managing and providing public services. The argument builds on an overview of the EU legal framework in the domain of public services. The regime of public procurement and the divide between economic and non-economic Services of General Interest are addressed. [...]
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The Efficiency Function of the Numerus Clausus Principle of Property Rights in Land
by E. Baffi
This paper seeks to identify a possible justification in terms of economic efficiency of the numerus clausus principle of property rights in land. At the outset, the current law in several legal systems is examined to show that this principle appears to be present everywhere. […]
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A Bottom-Up Financial Strategy for a Sustainable Society
by A.E. Caterini
This paper examines the Social Impact Bond as a form of Impact Investment to finance policies of ecological transition. Due to the lack of sufficient traditional financial resources, the involvement of the private sector in the pursuit of environmental, social and economic objectives could actively contribute to sustainable development. […]
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Accountability of NGOs in the Italian Legal Framework of International Adoption
by A. Pera
The paper focuses on the accountability of private and public entities with competence in the international adoption of minor children in the Italian legal framework. The author detects sources of law, models, and operative rules implemented by legislation, court rulings, and practitioners, distinguishing two different levels and relationships. […]
MALEBOLGE
The Italian Far Right’s Attack on Queer Children
by M.M. Winkler
With ‘queer’ acting as an umbrella term for lesbian, gay, bisexual, trans, and intersex (LGBTI) people, this article argues that the Italian far right’s attempt to remove same-sex parents from their children’s birth certificates reflects an ideology under which queer individuals are excluded from the notion of ‘family’ and queerness is depicted as an abnormality in a child’s upbringing. [...]
CORPORATE AND FINANCIAL MARKETS LAW
by F. Annunziata, A.C. Chisari and P.R. Amendola
This paper aims to analyze the interconnection of the recently published DLT Regulation with traditional pieces of EU financial legislation, particularly MiFID II and the CSDR, as to the treatment of market infrastructures. Therefore, the study’s main purpose is to scrutinize the legislative choices concerning the use of DLT [...]
SYMPOSIUM "FASHION LAW, ITALIAN STYLE"
Towards an Italian Style of Fashion Law
by V. Barsotti
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Fashion Law and the Family Fashion Firm:
Transatlantic Lessons from Multinational Italian Brands
by F. Caponigri and J. Landreth
The business of fashion on the Italian territory is tied to a specific triangular ecosystem: fashion, family, and business form the three main points of firms’ activities in Italy, with brand heritage and cultural heritage at their center. These points of activity raise tensions between family and fashion, family and business, business and fashion or family. […]
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by F. Caponigri and L. Palandri
In this essay, we explore fashion brands’ archives and how, relatedly, copying from a brand’s past contained in these archives is paradoxically good for fashion and, by extension, for Fashion Law as a field. Using the Pucci Archive and the Pucci Heritage Hub as our case study, we look to Italian law to explore how we might deal with our cultural interest in fashion through fashion archives. […]
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Sustainable Fashion… Italian Style!
by B. Pozzo
In Sustainable Fashion…Italian Style! Barbara Pozzo begins the Symposium by addressing a hot topic in the fashion industry: sustainability. Acknowledging the work that has been done to incentivize sustainable development at the supranational level, Pozzo presents the EU framework for sustainable development and the relevant EU legislation for the textile and fashion industries. […]
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The Reproduction of Cultural Heritage and Artworks in Fashion
by E. Varese, V. Mazza and C. Battistella
The fashion industry has traditionally drawn from the world of art and culture by incorporating elements of cultural heritage and works of art into its design. Indeed, it is quite common for fashion brands to display renowned works of art and cultural heritage on catwalks, magazines and billboards. However, using such elements, whether cultural heritage or works of art, raises significant legal issues. […]
INSIGHTS & ANALYSES
by S. Cafarelli
The paper analyzes the impact of the Covid-19 pandemic on the medical liability regime in the Italian legal system. Italy has been one of the most impacted countries by the pandemic. Considering the huge number of infected patients and deaths, it is likely that the ‘sanitary pandemic’ will be followed by a ‘judiciary pandemic’. [...]
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Credit Agreements for Consumers in the Event of Early Repayment
by C. Failla
Consistent interpretation is one of the main obligations related to the interpretation of national law in accordance with the acquis communitaire of the European Union. The main aspects of the principle of consistent interpretation will be highlighted in this article in order to analyze its application and its impact in a specific field, namely in the field of consumer credit. […]
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Non-Fungible Tokens: An Italian Private Law Perspective
by G. Vulpiani
Recently, non-fungible tokens have been attracting enormous interest. The legal regulations surrounding non-fungible tokens in Italy and the European Union suffer from insufficient and disjointed framework. […]
BOOK REVIEWS
LGBTQI+ Persons, Fundamental Rights, and Criminal Justice
by A. Martufi
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The Landscape of LGBTQI+ Rights in Italy: Advancements and Setbacks
by N. Palazzo
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