SPECIAL ISSUE (2024) Sustainable Legal Infrastructures: Comparative Responses Across Cultures and Systems edited by Lucia Ruggeri, Lécia Vicente and Sara Zuccarino Expanding the Legal Dimensions of Sustainability _____________________________ Corporate Due Diligence Between the Needs for the Implementation of Sustainability and Protection of Human Rights The implementation of the 2030 Agenda is a shining example of the need to transcend the traditional divide between public and private law, requiring a mixed approach in which State regulation is necessarily combined with forms of self-regulation. The EU Directive on Corporate Sustainability Due Diligence, which employs soft law techniques, serves as a prime example of this interplay between […] _____________________________ Green Financial Instruments: ‘Ecological’ Patrimoniality and ‘Social’ Obligatory Relationships This paper analyses the recent European regulation of financial instruments related to (socio)-environmental objectives and their impact on traditional legal institutes, such as the obligation and the contract. Efforts to make obligatory legal relationships conform to ecological issues lead to establishing remuneration for investors below the market interest rate or indexed to predefined […] _____________________________ Freedom of Economic Initiative and ESG Parameters. The need to calibrate the freedom of economic initiative against the parameters of sustainability requires reflecting on the forms of corporate social responsibility. The evolution of doctrine, jurisprudence, and legislation consistently underscores the obligation to respect the right to a healthy environment. This work, based on a methodological approach that prioritizes individual protection[…] _____________________________ The Involvement of Third Parties in Sustainable Contracting Processes Achieving the goals outlined in the UN 2030 Agenda will require new legal infrastructures to regulate social reality. Private autonomy plays a central role, but legal practitioners are called upon to rethink the traditional legal categories. The time has come to discuss the implementation of legal models that go beyond the relativity of the effects of the contract, considering the interests of third […] _____________________________ Procedural Hurdles of Climate Change Litigation in Italy: Prospects in Light of the ECtHR Decision in the KlimaSeniorinnen Case The paper deals with the main procedural hurdles which individuals and associations meet in lawsuits against the States for the assessment of their failures in facing climate change. The focus is both on the ruling issued by the Court of First Instance of Rome of 6 March 2024 in the Last Judgment case and the Judgment of the European Court of Human Rights in the KlimaSeniorinnen case of 9 April […] _____________________________ The Entrepreneurial Nature of Renewable Energy Communities and Distribution of Incentives The essay seeks to explore a critical yet underexamined issue: the entrepreneurial or non entrepreneurial nature of Renewable Energy Communities (RECs). This distinction is crucial since significant practical and operational repercussions derive from the adherence or non-adherence to this reconstructive option: consider the relevant tax effects resulting from the taxation of business […] _____________________________ The Impact of Contractual Energy Sustainability on Vulnerable Persons and on Market Regulation The relevance of the contract as an effective regulation of the energy market and protection of human rights is being increasingly highlighted. Sustainability is a specific condition that all activities must meet to ensure the equitable development of present and future generations. Consequently, the principle of sustainability is now an essential component of corporate due diligence, […] _____________________________ The essay analyses the ecological inspiration behind Italian-European legislation. Environmental protection is a principle that shapes every human activity with the aim of enhancing the welfare levels of society. This reversal of values associated with this approach is examined with particular reference to the pharmaceutical sector[…] _____________________________ Sustainable Drug Production and Consumption: Legal Profiles The aim of the responsible production and consumption of drugs is to reduce the environmental and social impact and to promote human and environmental development in a sustainable manner. This requires the use of environmentally friendly resources, energy-efficient production processes, and the proper disposal of medicines. There is an urgent need for a cross-sectoral legal approach to the […] _____________________________ This paper examines the proposed reform of European pharmaceutical legislation, with particular focus on the regulation of marketing authorization and pre-authorization environmental risk assessment, as well as the issue of industrial property rights and the proposed relaxation of patent protection. This focus serves to highlight some critical issues related to the role of investments in […] _____________________________ The Energy Performance of Mixed-use Buildings in Italy and in the United States. Treatment Criteria and Tools for Financing Energy Adaptation The paper analyses the legal issues related to the treatment of mixed-use buildings in light of the Energy Performance of Buildings Directive. For this purpose, criteria such as the building’s ownership and destined use (used in Italy) and the criterion of separation (used in the United States) are considered. A study is included of European and national case law developed with regard to mixed […] _____________________________ Toward a New and Sustainable Era of the Building Sector: Building Information Modelling (BIM) This paper outlines the importance of sustainability as a determining criterion to be considered in the application of new technologies in the building sector and in the introduction of new agents and actors in the building process. BIM technology enhances both quality and sustainability in building because of the management of shared information in real time and its constant updating. It is estimated […] _____________________________ Negative Externalities from Electricity Generation and the Right Remedy: A Comparative Analysis of Alaska and Sweden Electricity generation, whether from renewable or conventional sources, produces negative externalities that may affect common goods. Despite the rich debate, common goods are still in search of an identity. Therefore, international practice has developed several forms of protection, such as litigation, legislative policies, or negotiations. The aim of this paper is to investigate the different […] _____________________________ Circulative Bottom-Up Processes for Sustainable Development as a Prosumer: Lesson Learned from Asia This paper discusses the relationship between economic and urban development through case studies in Asia. Firstly, it introduces housing issues and regional disparities due to rapid urbanization in Asian countries, with a case study in Thailand. To consider sustainable development to support the next stage to review lifestyle, this study then introduces a new business model from a Japanese small […] _____________________________ The paper explores the constitutional impact of the shift from the proprietary understanding of nature to the recognition of new legal subjectivities, especially within the context of ‘new constitutionalism’ and the ‘Andean’ perspective. The case of the Cauca River is presented as paradigmatic, as it has been recognized not only as a legal subject, but as victim of the armed conflict in Colombia. Experiences […] _____________________________ The Use of Fiscal Levers to Foster Green Communities: US and EU Strategies The use of fiscal leverage is crucial for promoting green communities and achieving the Sustainable Development Goals (SDGs). The paper examines the role of environmental taxation in fostering sustainable practices and combating climate change by integrating fiscal measures with human and environmental rights. The emergence of circular taxation has replaced the linear model, […] _____________________________ ************************* SPECIAL ISSUE Hybridizations, Contaminations, Triangulations: Itineraries in Comparative Law Through the Legal Systems of Italy and Japan edited by Giorgio F. Colombo by G.F. Colombo _____________________________ Legal Systems and Legal Families: by A. Ortolani This article analyses the role and the significance of taxonomies in modern comparative law, taking the classification of Italy and Japan as examples. The first part explains the concepts and purposes of taxonomies in science and in comparative law. The second part analyses the reasons why Italy and Japan are often classified as civil law countries […] _____________________________ by A. Miranda This paper assumes that the modern migratory flows, together with the enormous circulation of people and rules, still involve the ‘bleeding’ of alien principles and practices on the canvas of the host legal system. Accordingly the paper investigates the ‘limits’ beyond which the order ends up responding to the protection of its integrity […] _____________________________ by P. Digennaro The essay provides a comparative overview of the laws concerning discrimination of disabled workers and the employment of persons with disabilities in Italy and Japan. Both legal systems combine a quota-levy system with antidiscrimination dispositions. Also, Japan recently embedded a human-rights approach including a prohibition on workplace discrimination […] _____________________________ Indirect Discrimination in Japanese Law: by M. Riminucci In Japan, the equality principle is embodied in Art 14, para 1, of the Constitution, according to which all citizens are equal under the law and cannot be discriminated against on grounds of race, creed, sex, social status or family origin, in political, economic or social relations. As a corollary, Art 3 and Art 4 of the Labor Standards Act establish the principle of equal treatment. […] _____________________________ The Protection of Our Image: by P. Polito Through an analysis of the privacy right of publicity (or ‘personality rights’) in the American legal system and the right to one’s own image in the Italian legal system, the authors demonstrate the strict analogies that exist between these legal institutions, despite the differences in their origins. […] _____________________________ by G. Mannocci Cybersecurity and privacy protection are strategic objectives to ensure free trade and economic freedom in a global society. Precisely for this reason, recently, the European Union and Japan have changed their legislation on the protection of personal data, strengthening the powers of control and regulation by public bodies. […] _____________________________ by M. Dragoni This article compares how software inventions are protected by patent law in Italy (and the European Patent Convention (EPC) system), United States and Japan. Notwithstanding said legal systems appear to be so distant one from the other, surprising similarities may be found. The article describes such findings and attempts to provide an explanation […] _____________________________ Scientific Evidence and Criminal Proceedings: by G. Gennari and T. Matsuda The use of scientific evidence in court raises several problems in both Italian and Japanese jurisdictions. The authors, starting from the problem of admissibility, discuss two main cases of misuse of scientific evidence: the Amanda Knox case in Italy and the Ashikaga case in Japan. In both cases the trial court condemned the defendant on the basis of corrupted science (DNA fingerprint). […] _____________________________ Current Situation of Consumer Bankruptcy in Japan by M. Sakuramoto In Japan, starting with the bursting of the bubble economy in the early 1990s, and followed by a series of crises, such as the global financial crisis caused by the Lehman Brothers Shock of 2008, and the Great East Japan Earthquake of 11 March 2011, the economic life of consumers has been heavily affected by a serious, long term economic depression. […] _____________________________ Contribution-Benefit Relationship in Social Security in Italy and Japan by S. Kojima Regarding social security in Italy, any bilateral or corresponding relationship between contribution and benefit is considered denied, following the ‘social security benefit automaticity principle’ under Art 2116 of the Italian Civil Code of 1942. Meanwhile, in Japan, some connection between contribution and benefit in the social insurance system is generally considered almost self-evident. […] _____________________________ Legal Families and the Birth, Growth and Death of a Corporate Law Rule by S. McGinty This paper explores the limits of the concept of legal family in the context of corporate law, where scholarship has given it a prominent role in explaining differences in legal evolution. It does so by comparing the lifespan of a single rule which, owing to historical coincidence, Japan and Ontario both enacted in the 19th century. […] _________________________________ Is the CISG a Useful Tool for the Interpretation of the Newly Reformed Minpō? by F. Serena In this article I am considering the role of the CISG in interpreting the recently reformed Minpō, the Civil Code of Japan. The Minpō was promulgated by the end of nineteenth century and had never experienced a real structural reform. However, on 26 May 2017, the National Diet of Japan approved a radical reform of the Minpō. […] ************************* The 2016 Italian Constitutional Referendum: Origins, Stakes, Outcome edited by Paolo Passaglia by P. Passaglia PART I Learning Democracy from the History of Constitutional Reforms by J. Luther This article shows how the history of constitutional reforms in Italy helps its people to learn constitutional democracy. This history is first of all a history of the amendment rules that suffered derogations and have not been changed. Two stories must be told: a story of the reforms that have been approved and a story of the unsuccessful reform proceedings. […] _____________________________ by G. Romeo The essay analyses the Italian Constitutional Reform of 2016, starting from provisions concerning the frame of government and specifically the overcoming of the Italian model of ‘perfect bicameralism’. The essay then explores the reform of the relationships between the State and the Regions, which were successfully reorganised in 2001 but still occupy the most significant part […] _____________________________ Yes or No? Mapping the Italian Academic Debate on the Constitutional Reform by G. Delledonne and G. Martinico The recent campaign for the constitutional referendum was perceived as highly divisive even in the academic world. The aim of this paper is to ‘map’ the academic debate concerning the Renzi-Boschi constitutional reform rejected by Italian people in the referendum held on 4 December 2016. This survey does not look at the contents of the reform, rather it focuses on the arguments […] _____________________________ by E. Stradella The aim of this paper is to illustrate and critically discuss events, debates, legal and political facts developing after the rejection of the constitutional reform by the constitutional referendum occurred in the past December. In the section I the paper takes into consideration the crisis of government, underlining its characters and peculiarities; in the section II it studies the consequences […] PART II The Constitutional Reform, between a Lost Opportunity and a Negative Outlook by B. Caravita di Toritto _____________________________ The Paradoxes of Constitutional Reform by P. Carrozza _____________________________ For an Effective Improvement of Our Institutions by U. De Siervo _____________________________ by G.F. Ferrari Referendums, Constitutional Reform and the Perils of Popular Sovereignty by P.J. Leyland _____________________________ by J. Mazzone _____________________________ by P. Pasquino _____________________________ by D. Shefold
by L. Vicente
by L. Ruggeri
by A. E. Caterini
Towards a New Corporate Social Responsibility
by G. Russo
by G. Giardini
by D. Castagno and M. P. Gasperini
by I. L. Nocera
by M. Giobbi
by M. F. Lucente
by K. Zabrodina
by M. I. Feliu Rey
by A. Nash and G. Giardini
by K. Kashiwazaki
by E. Ceroni
Italy and Japan in Comparative Perspective
A European Perspective
Between the Right to One’s Own Image and the Right of Publicity
The Italian and Japanese Experience
Constitutional Reform in Italy: Past and Present
Views on the Future of Constitutional Reform
