Sapienza University of Rome

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    Le regole non scritte nell'ordinamento costituzionale: un confronto tra ordinamento italiano e ordinamento britannico

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    Nel mondo dei giuristi è facile imbattersi in temi e termini ai quali sembra difficile attribuire un significato univoco ed una definizione condivisa. Ed infatti il giurista (come del resto ogni scienziato) quando va ad affrontare una questione per definirla, risolverla o spiegarla, segue quelle che sono le proprie idee, convinzioni e modo di pensare, secondo i canoni dettati dalla propria formazione ed esperienza. Attraverso i percorsi logici che gli sono propri, egli arriverà ad una definizione che potrà, oppure no, essere uguale o simile a quella di altri studiosi. Tuttavia è tipico del diritto, il cui studio costituisce sicuramente una scienza (ma più vicina a quelle umanistiche che a quelle empiriche, che portano a risultati certi e ripetibili), che vi siano per le questioni più complesse tante definizioni quanti sono gli studiosi che le hanno affrontate, al più simili tra loro, ma difficilmente coincidenti. Le regole non scritte rientrano pienamente tra questi temi che, in parte per la complessità dell’argomento, in parte per le differenti posizioni tenute dei singoli autori, portano la dottrina giuridica a profonde divisioni e a molteplici definizioni

    The right to reparations under the Rome Statute of the International Criminal Court (ICC)

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    With the Rome Statute for the international criminal Court, international criminal law introduces for the first time the right to reparations for victims against their offender. Article 75 of the Statute creates the right for victims to claim reparations before the court and vests the latter with the power to decide on reparations upon request or upon its own motion. This study aimed to unpack the content of this new right and assess legal mechanisms for its implementation. Specifically, this study sought to establish whether there is any substantive and procedural law applicable to reparation before the International Criminal Court (ICC), how the risk of conflict between national justice and the ICC is dispelled and how reparations orders are enforced. This study found that the ICC Statute created the right to reparations as a principle whose content should gradually be shaped and developed by the Court on a case by case basis. As regards with legal mechanisms of the implementation of the new right, the study found that procedural mechanisms are at their embryonic stage and like the content of the right they shall be developed by the Court. In addition, the study noted that complementarity principle, which governs the jurisdiction of the ICC, should be applied to the right to reparation before the Court. Thus the principle appears as a mechanism to dispel the risk of conflict between national judicial institutions and the ICC. Moreover, it was observed that for effective and efficient implementation of the right to reparations the ICC Statute established a legal framework for the interactivity of institutional mechanisms - the Court, the TFV and States - which play crucial role in the enforcement of reparations orders. Furthermore, the study found that some legal and practical challenges facing the effective implementation of the right to reparation require reviewing the Court’s procedure in order that collective approach may be prioritised in reparation proceedings. It was also observed that the flexibility of the Statute provides opportunities for establishment of a Special Chamber for reparations within the Court for the purpose of complying with the requirements of fair trial. It is expected that the findings of this study will constitute an invaluable contribution to the few research already carried out on this novel topic in international criminal law and inform various actors in the field including judges, lawyers and scholars.The examination Committee for the PhD final examen was composed by: -Professor Roberta Clerici, University of Milano -Professor Maria Chiara Malaguti, The ‘Università Cattolica del Sacro Cuore’, and -Professor Gianluca Contaldi, University of MacerataFinancial support provided by the University of Rome ‘La Sapienza” through a three-year-fulltime scholarship

    Meccanismi di persistenza di specie nei paesaggi frammentati: studio demografico su quattro specie di roditori

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    Habitat loss and fragmentation are key drivers of global species loss. In fragmented landscapes species must persist in small, isolated and often degraded habitat patches where they can be subject to high risk of extinction due to deterministic and stochastic forces. Species respond to habitat fragmentation according to species-specific life-history traits, with habitat generalist, edge or mobile species being less impacted compared to specialists and less mobile species. The impact of habitat fragmentation on species and their consequent probability of persistence depends on a series of key, concatenated events occurring at different biological and spatial scales. The response of single individuals to landscape change can translate into effects at the level of populations; coexisting species can reciprocally influence their responses through the alteration of interspecific relationships; inter-population dynamics can also occur, involving the movement of individuals between populations in different habitat fragments and affecting the persistence of entire systems of populations. Given the complexity of factors involved, including direct and interacting responses, it is extremely difficult to understand the actual effects triggered by habitat fragmentation without a thorough knowledge of the underlying ecological mechanisms. The aim of this PhD project was to contribute to understanding the mechanisms underlying the response of species to habitat fragmentation. By following a holistic approach, I used a set of mechanistic field studies on four rodent species specifically designed to investigate the series of key events involved in the persistence of species in fragmented landscapes: 1) Population and individual scale responses of small mammals to patch size, isolation and quality. The aim of this section was to determine the relative effects of landscape structure (habitat amount and configuration) and patch quality (here measured as abundance of shrub resources) on individuals (survival and litter size) and populations (density and colonization/extinction dynamics). A large-scale demographic field study was conducted, encompassing 30 woodland sites nested within three landscapes and surveyed monthly for three years by means of a capture-mark-recapture protocol. Model species was an arboreal rodent, the hazel dormouse (Muscardinus avellanarius), known to be sensitive to habitat loss and fragmentation. Habitat quality influenced populations at different biological scales by concatenated effects: it enhanced individual survival, increased the chances of colonizing vacant patches and sustained higher population densities. It was therefore related to the performance of single populations and systems of populations through re-colonization dynamics. Habitat quality, however, did not influence local extinction probability, which was ultimately related to the extent of available habitat, likely due to the absolute size of populations: a high absolute number of individuals reduces the chances of population extinction. 2) The role of interspecific interactions in shaping small mammal communities in fragmented landscapes. The aim of this section was to evaluate the strength of interspecific interactions as a shaping force of animal communities in fragmented landscapes. A large-scale demographic field study was conducted to measure the degree of competitive interference between species. Model system was constituted by the community of forest-dwelling ground rodents of central Italy, including the species Apodemus sylvaticus, Apodemus flavicollis and Myodes glareolus. Populations, inhabiting 29 wood patches in a fragmented landscape, were surveyed for two years by means of a capture-mark-recapture protocol. I modeled species' distribution as a function of landscape (habitat cover and connectivity provided by hedgerows) and habitat variables (vegetation structure and food resources) to look for evidences of competitive spatial segregation. Then I tested for each species the effect of competitors on several biological parameters: survival, recruitment, reproduction, body mass, population density. Even though populations' relative distribution was consistent with a mechanism of competitive spatial segregation, with habitat specialists being favored by high-quality, well-connected fragments and generalists exploiting more isolated and degraded patches, results on demographic parameters did not fully confirm this result. The strongest competitive effects were exerted by A. sylvaticus on A. flavicollis, whereas a little degree of interference was found between Apodemus spp. and M. glareolus. Nevertheless, competitive effects were weak, acting on a few biological parameters and not translating into strong effects at the level of populations (density of individuals). These results suggest that populations were mainly distributed according to their ecological requirements; competitive exclusion of specialists from isolated and degraded fragments was actually acting but was likely to play a minor role in determining the observed pattern of distribution. 3) Perceptual range and movement ability of small mammals in fragmented landscapes. The aim of this section was to broaden our understanding of animal orientation and movements in the agricultural matrix, with a special attention on the use of plantation rows as navigation cues. Experiments consisted in releasing individuals of forest-dwelling small mammals (species A. flavicollis, A. sylvaticus, M. glareolus) in fields characterized by different types of matrices: a bare field, a grass field with random pattern of vegetation, and a wheat field at three different stages of growth. Animals (N=119) were marked with fluorescent powder and released at progressive distances from target wood fragments; in this type of experiments individuals are assumed to go directly toward the wood as soon as they perceive it. Animal tracks were then analyzed to determine perceptual ranges and movement abilities. Perceptual ranges were species-specific, with habitat specialists perceiving woods at smaller distances compared to generalists. The presence of vegetation in the fields (either grass or wheat) strongly reduced perceptual ranges of all species by obstructing individuals' view. Furthermore, wheat plantation rows drastically influenced animal movements, possibly facilitating or hampering the reaching of a wood. Individuals of all species, in fact, followed the direction of wheat rows at any stage of growth, even if they were not directed toward the target wood. This study is one of the few examples investigating in detail the demographic mechanisms of response of species to habitat fragmentation. The holistic approach allowed me to provide an overview on the process by which factors such as landscape features, habitat characteristics, and co-occurring species affect the performance of populations in fragmented landscapes. Interspecific interactions play a minor role in shaping the community of small mammals in the studied system. A major role, instead, is played by landscape characteristics (such as habitat cover, connectivity, matrix properties) and local features (such as food resources and habitat structure), in both cases depending on species-specific life-history traits. Increased individual performance (e.g. due to habitat quality) can help to increase the viability of systems of populations; at the same time animals are constrained by the physical structure of the landscape where they live, and individual-scale effects are not necessarily transferred to the level of population. Results suggest that in order to increase the viability of animal systems in fragmented landscapes there is the need to manage the quality of habitat, which proves to be a major determinant of animal populations' performance. Nevertheless, findings also strongly suggest not to ignore the overall landscape context where populations are embedded. In landscapes that have been extensively cleared, restoration aimed to increase the amount of habitat and management of outside-patch landscape elements (hedgerows, agricultural fields) might also be a critical step to ensure the persistence of animal communities

    L'elezione Presidenziale Pluralista del 2011

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    Political communication in Cameroon today The 2011 pluralistic Presidential elections Having passed the whole period of my academic studies in Italy, I strongly desired to return to my African roots in general and more specifically to Cameroon by choosing the above subject for my research work. My studies concentrated primarily on mass media communication, its complexity and how it finds application in Westernized societies. Therefore, travelling back and looking at the complexity of the African territories from an academic point of view was an exceptional opportunity which I accepted with gratitude after years of diploma studies that had kept me away from home. Through my research work on The Political Communication in Cameroon I was able to acquire in depth knowledge on the pillars of political communication: the local mass media (radio, television, print media, etc.), the political system (institutions, political parties, politicians) as well as the electioral system (citizens as voters). The situation of political communication in Cameroon is quite similar to that of many African countries. Typically we find four key elements that characterize the political communication there and still prevent it from functioning effectively. First of all, the mass media of communication in Cameroon are only of marginal importance for the Democratic process. In Westernized societies, by contrast, the mass media are strongly involved and play a key role in social as well as political life of the nations, mainly because of their capacity to influence public opinion and the electors' vote. On a worldwide scale, political communication started developing strongly since the venue/introduction of the television in the '50s. It brought along a shift from Mazzoleni's “pubblicistic dialogic model” and mass media having an insignificant role, to the "model of mediatic political communication” that recognizes the strategic importance of mass communication means for political life. Indeed, it is nowadays the leading concept for almost all democratic countries in the West. Cameroon, however, continous sitting with the previous communication model. Secondly, all political communication in Cameroon is strongly influenced by local habits and traditions: as explained in my studies, we find political communication associated to expressions such as “Politique du ventre” and “Politics Na Njangui”. As a third distinctive element can be considered the fact that the institutions supposed to grant impartiality of political life and communication are totally controlled by the regime. Finally, and certainly it is not least important, Cameroon cannot be considered a democracy by any standard of definition. President Paul Biya has been in power since 1982, and following a costitutional change in 2008 that abolished limits to réitération of mandates, he might stay in power a lifetime. On October 9th, 2011, presidential elections took place. They served as a field example collecting empiric material for determining the mechanisms of political communication in Cameroon and its effects on democracy. In addition, it is important to note that Cameroon is hardly more than a pseudo democracy: although all institutional structures of democracies are existing in the country, democratic reality is still far from target as long as citizens' democratic rights are continuously ignored

    The use of Habitat Suitability Models in Conservation Planning

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    The orientation towards the common good: an exploratory study.

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    The research presents a practical method for assessing what kind of orientation to the common good people express in public ethics situations. The study defines four types of orientation to the common good (personal, group, national and global) and describes the construction of a measure to study individual differences in an adult population. The questionnaire is based on story dilemmas – designed to elicit moral judgment and to invoke a conflict between the different orientations – using a mixed-method that links recognition and production measures. The measure were administered to one hundred and fifty adolescents and displays an high inter-rater reliability, showing an acceptable association with socio-moral reasoning, intended as the main reference construct for the measurement

    ECHI BIBLICI NELL'OPERA DI MICHEL TOURNIER

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