http://elea.unisa.it/xmlui/handle/10556/3473 Mon, 20 Apr 2026 16:55:05 GMT 2026-04-20T16:55:05Z http://elea.unisa.it:8080/xmlui/bitstream/id/96bdd9df-41cb-46b2-b1ab-73c7c24f4f7d/ http://elea.unisa.it/xmlui/handle/10556/3473 http://elea.unisa.it/xmlui/handle/10556/3551 Brevi considerazioni intorno alle nuove frontiere in tema di global commons: sostenibilità dello sviluppo attraverso (meri) atti di soft law? Di Stasi, Angela This essay explores the existence of an inescapable relationship between sustainable development and soft law, with special regard to Resolution 66/288 adopted by the General Assembly of the United Nations as outcome of the UN Conference on Sustainable Development (held in Rio de Janeiro, Brazil, on June 20-22, 2012). It is based, on the one hand, on a brief analysis of the Resolution, seen in continuity with respect to previous acts within a more general process of “lawmaking” and, on the other hand, on the analysis of its legal nature. The latter shows that, despite the “soft” nature of the “commitments” set out by the Conference of Rio+20, their ability to fill those normative gaps still left to discretion of States is not affected, since they can potentially play a significant role in the definition of national policies. Moreover, it remains the responsibility of all States to implement these “commitments”, as a corollary of a more general duty of international cooperation, since the major issue at stake is the virtuous and integrated management of environmental sustainability where the environment rises to the status of a “global common”. Wed, 01 Jan 2014 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/3551 2014-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/3550 L’iniziativa legislativa dei cittadini dell’unione europea alla sua prima prova: l’acqua come diritto umano universale, bene comune e di pubblica utilità Palladino, Rossana Right2Water: “Water and sanitation are a human right! Water is a public good, not a commodity!” is the first European citizens’ initiative that has ever been examinated by the European Commission in accordance with Regulation (EU) 211/2011. It has referred to the Commission an ambitious invitation to propose to Council and European Parliament legislation implementing the universal human right to water and sanitation and promoting the provision of water and sanitation as essential public services for all, moving from the new “dimension”, transcendent to mere “commodity”, gradually recognized to water in the international context, namely that of “human right”. This paper analyzes the contents of the initiative, as well as of the recent “legal and political conclusions” set out by the European Commission on 19 March 2014 ruling on a matter dealing with several issues, related to common goods, fundamental rights, management of services of general interest and the development of the “European social model”. Moreover, the Commission’s response is an opportunity to assess the level of influence of European citizens’ proposals on European decisionmaking process. http://elea.unisa.it/xmlui/handle/10556/3550 http://elea.unisa.it/xmlui/handle/10556/3549 I conflitti di leggi nel diritto commerciale internazionale: una mission multilevel nazionale, europea e internazionale Panebianco, Massimo This study is dedicated to the topic of the Conflicts of Laws between States in International Commerce. It’s divided in three main parts, each concerns one of the three distinct juridical orders that together form one major legal system. In particular the first part is related to Italian Private International Law as ruled by law n. 218 31/05/1995, about the matter of the new Commercial International Law (art. 2 – 25 - 57). The second part highlights the last thirty years (1980 – 2008) of European Unionistic Law in this same subject. And at last the third part is dedicated to the confluence of both Italian and European Commercial International Law in the prospective of the Universal Legal Order on the Conflicts of Laws (the so called lex mercatoria in private and public sense). Wed, 01 Jan 2014 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/3549 2014-01-01T00:00:00Z http://elea.unisa.it/xmlui/handle/10556/3548 La nuova disciplina dei reati contro la pubblica amministrazione Troncone, Maria Antonietta The essay takes in consideration several aspects of the general problem of the legal persecution regarding crimes against the public administration in the Italian legislation. The most relevant criminal behaviours and acts envolving public administration are analyzed in their reality, as well as the most significant laws and decrees that have been issued in the last decades, considered in the frame of the typical legal and political situation of the Italian system, and examined not only in their technical formulation, but also in their practical attitude to achieve their declared goals. The author exposes the problems that seem to be the most relevant obstacles that interfere with the declared goals of the legislation, and explains why such kind of criminality cannot be considered only a legal and judicial problem, and cannot be powerfully barred without a strong reaction of the whole Italian civil and political society. Wed, 01 Jan 2014 00:00:00 GMT http://elea.unisa.it/xmlui/handle/10556/3548 2014-01-01T00:00:00Z