The aim of the research is to analyze the role of the consumer in a detailed way. Firstly I defined the concepts of "consumption" and "consumer", giving relief to the socio-economic theories that have characterized the subject during recent years,and taking in consideration the process of consumption and the behavioral and decisional theories proper of the consumer. Moreover, I have deeply analyzed the consumer under the juridical aspect, from the mere legal recognition to the trial and the efforts sustained by the European Legislator during the last years with the purpose of creating a system of common rules with the final goal of guaranteeing a high-level of protection to the consumer in international contracts and assuring the correct operation of the Single Internal Market founding the discipline on a competitive model. Great relief is given to the "Rome I Regulation" on the choice of the law aplicable to contracts and to the "Bruxelles Convention" on the competent court.
Co-operative Law has a long tradition in European countries, like the Industrial and Provident Act in the United Kingdom in1852 or the Prussian Co-operatives Act in 1867. The European Union was no born to create a common law but to remove restrictions on the freedom of establishment. In 2003 the Statute for a European Co-operative Society was approved, but harmonization of European co-operative legislation was never carried out, not even for its most importante distinctive elements. In 2012 the European Commission presented a report about the application of the SCE Statute showing that the SCE Regulation has had relatively little success. The differences between the different legal systems are considerable, both in forma and in content. European Commission expressed its intention not to carry out the harmonization of the European co-operative legislation directly, but to support the harmonization proposals that the co-operative sector presented to it. El derecho cooperativo tiene una larga tradición en los países europeos, desde la Industrial and Provident Act de 1952 en Reino Unido o la Ley prusiana de cooperativas de 1867. La Unión Europea no nació para crear un derecho común sino para surprimir las restricciones a la libertad de establecimiento. In 2003 se aprobó el Estatuto de la Sociedad Cooperativa Europea, pero nunca se ha llevado a cabo una armonización de la legislación cooperativa en Europa, ni siquiera en relación con sus elementos más característicos. En 2012, la Comisión Europea presentó un informe sobre la aplicación del Estatuto de la SCE que mostraba que esta regulación había tenido relativamente poco éxito. Las diferencias entre los diferentes sistemas legales son considerables, tanto formalmente como por su contenido. La Comisión Europea ya manifestó su intención de no llevar a cabo la armonización de la legislación cooperativa europea directamente, pero sí apoyar las propuestas de armonización presentadas por el sector cooperativo.
In this article I provide an appraisal of the neo-Gramscian approach to the study of international relations by focusing on three of its major exponents: Robert Cox, Stephen Gill and Adam Morton. I argue that neo-Gramscians have yet to adequately address some important challenges and criticisms of their method around its overly "top-down" mode of analysis, its neglect of forms of resistance and its excessively global and cosmopolitan account of neoliberal hegemony and especially resistance. I maintain that a return to the letter of Gramsci's writings on hegemony and its national-popular and democratic character would not only allow neo-Gramscians to address more effectively these weaknesses, but also strengthen their approach and align it more effectively with trends in contemporary politics.Keywords: Gramsci; International Relations; Hegemony; National-Popular.
Sempre più al centro del dibattito pubblico e politico l'intervento umanitario si è oramai affermato come una sorta di componente necessaria dei rapporti globali. Negli ultimi anni non a caso la letteratura sull'argomento sta crescendo in continuazione. Si tratta di un tema di fondamentale importanza perché mette in evidenza le potenti oscillazioni alle quali è sottoposta oggi la sovranità degli Stati. Nel momento in cui un insieme di uomini di donne viene caratterizzato da una specifica condizione di bisogno, essi possono essere sottratti alla giurisdizione del potere sovrano in nome della loro generica umanità. L'affermazione di un universale superiore a quello dello Stato produce evidentemente rapporti che investono non solo il monopolio degli Stati sulla guerra ma anche i modi concepire la pace. Siamo dunque all'interno di un panorama in cui l'aiuto produce gerarchie e debiti, ma segnala anche l'incoerenza stessa del sistema degli Stati. Vogliamo quindi segnalare due volumi usciti di recente che affrontano questi temi da prospettive diverse ma che aiutano a chiarire il problema storico e teorico politico suscitato dall'umanitarismo e dall'aiuto internazionale: Si tratta del libro di Silvia Salvatici, Nel nome degli altri. Storia dell'umanitarismo internazionale, Bologna, Il Mulino, 2015 e di quello di Annalisa Furia, The Foreign Aid Regime. GiftGiving, States and Global Dis/Order, Basingstoke, Palgrave Macmillan, 2015. Come è costume di questa rivista abbiamo chiesto alle autrici di recensirsi reciprocamente rispondendo ad alcune domande.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
La tesi analizza le modalità di applicazione del diritto internazionale a livello interno, con particolare riguardo al ruolo svolto dalle autorità politiche nazionali.
The present work attempts to provide a more realistic description of international labour migration within a simple core-periphery model à-la Fujita, Krugman and Venables (1999). The choice of this benchmark model is motivated by the key role it plays in the most recent and sophisticated dynamic spatial general equilibrium model, such as the Regional Holistic model (RHOMOLO) model developed by the European Commission (EC) for simulating policy scenario related to the European Union (EU) cohesion policies and for evaluating its implications on the economies of the Member States of the Union. The first part of the work consists in a concise review of the relevant international trade theories and the main international migration theories. In the second part, after a concise description of the simple 2-region core-periphery model developed by Fujita et al. (1999), the migration law à-la Krugman (1991a) is modified to include other drivers, such as political instability and climate change in the less developed country. In the last part, the evolution of the key endogenous variables of the model will be simulated and some policy implications of the model will be discussed. This work shows that, although it has been used the simplest (and less complete) baseline model, the introduction of the sociopolitical and the environmental driver for international migration plays a key role in the dynamic spatial general equilibrium approach.
By analysing legal doctrine and respective regulations in various countries, as well as concrete examples of international agreements, this study attempts to review the practice of conclusion of international treaties and other international agreements in Lithuania and beyond. Firstly, it seeks to establish common European treaty-making practices and to compare them to the regulatory framework in Lithuania, as well as to identify and discuss the more complicated issues that arise in practice. The research is structured into seven chapters. The first chapter provides a detailed overview of the concept of international treaties and other international agreements. Here the authors analyse the various definitions and differences of international treaties, unilateral declarations, political agreements and international agreements concluded by ministries or other state institutions or bodies (so called international administrative/executive/interagency agreements) under the law of the Republic of Lithuania and numerous other states. The second chapter discusses the variety of entities capable of concluding international agreements and also provides some guidelines regarding the limits of treaty-making capacity of certain subjects. A particular attention is paid to the units of federal states, in relation to which the authors pursue a comparative research into national constitutions of several federal states in Europe. In the third chapter the authors evaluate the conclusion of international treaties and other international agreements under Lithuanian law and practice elaborating further on selected procedural aspects. Solutions to a number of complex practical questions identified by the Lithuanian Ministry of Justice are equally sought. The next chapter continues with the analysis of ratification procedure of international treaties. The authors discuss the case law of the Constitutional Court and the Supreme Court of Lithuania and, in its light, attempt to assess the relevance and consistency of the applicable ratification rules. The fifth chapter goes deeper into the reservations to international agreements by discussing their meaning and main characteristics and by presenting the practice in various states of making such reservations and objecting to them. Taking into account the specific features of national law of Lithuania, the authors compare the national regulation on reservations with international rules and practices and offer certain solutions to problematic issues identified. The sixth chapter considers the procedure of amendment and supplementing international agreements focusing on the national law aspects. The last chapter finishes the research by elaborating on provisional application of treaties in both international and national law. It identifies certain examples from the treaty practice and discusses lessons learnt from several arbitral awards. The study ends by presenting conclusions of the research and suggesting some changes in legal regulation in Lithuania. The authors expect that the present study will contribute to further development of both theory and practice of treaty-making and will offer a useful guide to practitioners and policy-makers.
By analysing legal doctrine and respective regulations in various countries, as well as concrete examples of international agreements, this study attempts to review the practice of conclusion of international treaties and other international agreements in Lithuania and beyond. Firstly, it seeks to establish common European treaty-making practices and to compare them to the regulatory framework in Lithuania, as well as to identify and discuss the more complicated issues that arise in practice. The research is structured into seven chapters. The first chapter provides a detailed overview of the concept of international treaties and other international agreements. Here the authors analyse the various definitions and differences of international treaties, unilateral declarations, political agreements and international agreements concluded by ministries or other state institutions or bodies (so called international administrative/executive/interagency agreements) under the law of the Republic of Lithuania and numerous other states. The second chapter discusses the variety of entities capable of concluding international agreements and also provides some guidelines regarding the limits of treaty-making capacity of certain subjects. A particular attention is paid to the units of federal states, in relation to which the authors pursue a comparative research into national constitutions of several federal states in Europe. In the third chapter the authors evaluate the conclusion of international treaties and other international agreements under Lithuanian law and practice elaborating further on selected procedural aspects. Solutions to a number of complex practical questions identified by the Lithuanian Ministry of Justice are equally sought. The next chapter continues with the analysis of ratification procedure of international treaties. The authors discuss the case law of the Constitutional Court and the Supreme Court of Lithuania and, in its light, attempt to assess the relevance and consistency of the applicable ratification rules. The fifth chapter goes deeper into the reservations to international agreements by discussing their meaning and main characteristics and by presenting the practice in various states of making such reservations and objecting to them. Taking into account the specific features of national law of Lithuania, the authors compare the national regulation on reservations with international rules and practices and offer certain solutions to problematic issues identified. The sixth chapter considers the procedure of amendment and supplementing international agreements focusing on the national law aspects. The last chapter finishes the research by elaborating on provisional application of treaties in both international and national law. It identifies certain examples from the treaty practice and discusses lessons learnt from several arbitral awards. The study ends by presenting conclusions of the research and suggesting some changes in legal regulation in Lithuania. The authors expect that the present study will contribute to further development of both theory and practice of treaty-making and will offer a useful guide to practitioners and policy-makers.
Since the 1990s, Spain has had to face an immigration phenomenon until then unknown. This is the immigration of unaccompanied foreign minors. This newest category of immigrants has specific characteristics compared to displacement of adults. Mainly, they are children who arrive to Spain without the company of their parents or legal guardian. After recognizing this situation, it is interesting to verify the national and international legal treatment granted, considering also the medical tests performed to verify age, resulting in one of the main problems affectingall their legal treatment.
[English]:This volume collects the peer-reviewed contributions presented at the 2nd International Conference on "Advances in Statistical Modelling of Ordinal Data" - ASMOD 2018 - held at the Department of Political Sciences of the University of Naples Federico II (24-26 October 2018). The Conference brought together theoretical and applied statisticians to share the latest studies and developments in the field. In addition to the fundamental topic of latent structure analysis and modelling, the contributions in this volume cover a broad range of topics including measuring dissimilarity, clustering, robustness, CUB models, multivariate models, and permutation tests. The Conference featured six distinguished keynote speakers: Alan Agresti (University of Florida, USA), Brian Francis (Lancaster University, UK), Bettina Gruen (Johannes Kepler University Linz, Austria), Maria Kateri (RWTH Aachen, Germany), Elvezio Ronchetti (University of Geneva, Switzerland), Gerhard Tutz (Ludwig-Maximilians University of Munich, Germany). The volume includes 22 contributions from scholars that were accepted as full papers for inclusion in this edited volume after a blind review process of two anonymous referees./ [Italiano]: Il volume raccoglie i contributi presentati alla seconda Conferenza Internazionale "Advances in Statistical Modelling of Ordinal Data" - ASMOD 2018 – che si è svolta presso il Dipartimento di Scienze Politiche, Università di Napoli Federico II, nei giorni 24-26 ottobre 2018. La Conferenza ha visto la presentazione di studi sia teorici che applicati al fine di condividere i più recenti sviluppi scientifici nel campo. Oltre al tema fondamentale dell'analisi delle strutture latenti e dei modelli, i contributi richiamano una vasta gamma di argomenti, tra cui misure di dissimilarità, metodi di clustering, analisi di robustezza, modelli CUB, modelli multivariati e test di permutazione. In particolare, questa pubblicazione contiene le relazioni invitate di studiosi riconosciuti a livello internazionale: Alan Agresti (Università della Florida, USA), Brian Francis (Università Lancaster, Regno Unito), Bettina Gruen (Johannes Kepler University Linz, Austria), Maria Kateri (RWTH Aachen, Germania), Elvezio Ronchetti (Università di Ginevra, Svizzera), Gerhard Tutz (Università Ludwig-Maximilians di Monaco, Germania). Il volume include, inoltre, 22 contributi di studiosi che sono stati accettati dopo un processo di revisione anonima.
Lithuania still be an important link connecting the eastern Baltic states in the Middle East to Europe, so it occupies a strategically important place in various countries and political institutions and policy projection. On the 21st of December, 2007 after Lithuania became a member of Schengen area, migration mobility of inhabitants increased. In order to solve relevant problems there was analysed European Union requirements and Lithuanian Republic legal regulations that belong to the sphere when the country is a member of Schengen area. Firstly, there have been analysed the main legal standards and documents that consolidate the activities of institutions in this sphere as well as cooperation possibil ities of institutions controlling foreigners. The research project presents valuable cooperation experience of institutions dealing with foreigners‗ control. When analysing target preventive means in police foreigners control sphere, the attention is paid to Kaliningrad transit programme, that is being quite successfully developed. The main aim of this programme is to ensure streamlined people transit from Russian Federation territory to Russian Federation Kaliningrad region and back via Lithuanian Republic territory, that must comply with Schengen agreement of the 14th of June, 1985 and 1990 Convention concerning the 14th of June, 1985 Schengen implementation regulations, European Union acquis, proper European Union external border control and security, cooperation between legal institutions in Kaliningrad transit territory and the requirements for electronic data base. ; Lietuva tebevertinama kaip svarbi grandis, jungianti Rytų Pabaltijį su Vidurio Rytų Europa, todėl ji užima strategiškai svarbią vietą įvairių valstybių ir politinių institucijų politikos projekcijoje. Lietuvos Respublikai 2007 m. gruodžio 21 d. tapus visateise Šengeno erdvės nare, išaugo gyventojų migracinis mobilumas. Šiame darbe analizuoti Lietuvos Respublikos norminiai teisės aktai, sprendžiantys užsieniečių tranzito per valstybės teritoriją tvarką. Atkreiptinas dėmesys, kad pakankamai gerai vykdoma viena pagrindinių šioje srityje programa – Kaliningrado tranzito programa. Svarbiausias šios programos tikslas – užtikrinti supaprastintą asmenų tranzitą iš Rusijos Federacijos teritorijos į Rusijos Federacijos Kaliningrado sritį ir atgal per Lietuvos Respublikos teritoriją. Veikla turi vykti taip, kad atitiktų 1985 m. birželio 14 d. Šengeno susitarimo, Europos Sąjungos acquis, tinkamos Europos Sąjungos išorės sienų kontrolės ir saugumo, bendradarbiavimo tarp teisėsaugos institucijų Kaliningrado tranzito teritorijoje ir elektroninių duomenų apsaugos reikalavimus. Atliktas tyrimas leidžia teigti, kad Lietuvoje yra pakankamai gerai organizuojama ir vykdoma užsieniečių kontrolė.
