Friday, November 03, 2023

Just Published: Italian Law Journal 9(1) (2023)

 


 

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

Public Services Beyond State and Market. Rethinking Contract as a Tool for Decommodification Within European Private Law

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

DLT-Based Trading Venues and EU Capital Markets Legislation: State of the Art and Perspectives Under the DLT Pilot Regime

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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Heritage-Shaking in an Activated Archive: The Emilio Pucci Heritage Hub and the Vivara Print Between Copyright and Cultural Property Law

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

Covid-19 Pandemic and Medical Liability in Italy: How to Balance the Protection of Healthcare Professionals and Patients

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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