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Reshaping hegemony: societal interests and political power in the European post‐crisis financial governance
No full textA Neo‐Gramscian approach to the analysis of EU integration and policy-making. Mapping the participatory channels in the EU economic and financial policy-making. The formation of the European post‐crisis regulatory agenda. The reform of Basel II and the Capital Requirements’ package. The reform of the Lamfalussy process and the European supervision of the financial markets. The Single Supervisory Mechanism and the path towards the Banking Union. The debate on the Banking Structural Reform: a view on the on going negotiations.A Neo‐Gramscian approach to the analysis of EU integration and policy-making. Mapping the participatory channels in the EU economic and financial policy-making. The formation of the European post‐crisis regulatory agenda. The reform of Basel II and the Capital Requirements’ package. The reform of the Lamfalussy process and the European supervision of the financial markets. The Single Supervisory Mechanism and the path towards the Banking Union. The debate on the Banking Structural Reform: a view on the on going negotiations.LUISS PhD Thesi
Adaptation dynamics in individual and strategic behavior: an experimental analysis
No full textWhen we look at the first rounds of an experiment, the large differences
and variance among individual performances might be driven by a lack of experience and results tend to overestimate this heterogeneity. An experiment
based on many rounds helps participants to adapt and improve decisions,
both in strategic and non-strategic games; additionally, some individuals
may be unaccustomed to a specific game and need some time to understand
properly the task and their best (individual) strategy to apply.
This dissertation focuses, in four chapters, on adaptation dynamics and
experience in strategic games and individual decision games. In particular,
the role of experience through time that helps agents to improve their performances in accordance with their preferences.
Game repetition allows agents to fill the gap of experience in specific
tasks, improving their performances and individual self-confidence. In this
sense this dissertation aims to explore different experimental settings in which
individuals, playing repeatedly the same task through the whole experiment,
are able to become more sophisticated compared to early performances.
Two chapters focus on strategic behavior in a bargaining problem, in
particular we compare how participants change their behavior through time.
A third chapter focuses on the individual adaptation dynamics in a Hybrid Public Good game, in particular the motivation of participants when
contributing to a public good in the role of "leader" or "follower". In this
work we distinguish between conditional cooperators and exploiters, which
adapt differently to the game.
The last chapter, looks at individual decisions and experience effect in
gambling games. We focus on a well-known cognitive bias, the almost-
winning bias; agents misrepresenting the game are unable to distinguish
between situations in which near misses signal ability and those in which
no ability is involved.When we look at the first rounds of an experiment, the large differences
and variance among individual performances might be driven by a lack of experience and results tend to overestimate this heterogeneity. An experiment
based on many rounds helps participants to adapt and improve decisions,
both in strategic and non-strategic games; additionally, some individuals
may be unaccustomed to a specific game and need some time to understand
properly the task and their best (individual) strategy to apply.
This dissertation focuses, in four chapters, on adaptation dynamics and
experience in strategic games and individual decision games. In particular,
the role of experience through time that helps agents to improve their performances in accordance with their preferences.
Game repetition allows agents to fill the gap of experience in specific
tasks, improving their performances and individual self-confidence. In this
sense this dissertation aims to explore different experimental settings in which
individuals, playing repeatedly the same task through the whole experiment,
are able to become more sophisticated compared to early performances.
Two chapters focus on strategic behavior in a bargaining problem, in
particular we compare how participants change their behavior through time.
A third chapter focuses on the individual adaptation dynamics in a Hybrid Public Good game, in particular the motivation of participants when
contributing to a public good in the role of "leader" or "follower". In this
work we distinguish between conditional cooperators and exploiters, which
adapt differently to the game.
The last chapter, looks at individual decisions and experience effect in
gambling games. We focus on a well-known cognitive bias, the almost-
winning bias; agents misrepresenting the game are unable to distinguish
between situations in which near misses signal ability and those in which
no ability is involved.LUISS PhD Thesi
Brevetti e standard: economia dell'innovazione
No full textThe intersection between law and economics offers new opportunities of knowledge and different perspectives to approach the relationship between competition law and intellectual property law.
In this context, this work aims to analyze the phenomenon of patent hold-up in the IT market under both economic and legal dimension and to propose a set of modular solutions consistent with the results of this mixed analysis.
The research was carried out following a "pyramidal" approach: from the studying of the innovative phenomenon in the history of economics, the scope of investigation narrowed towards the structure of the IT market and the subjects operating therein, up to investigate the suitability of existing instruments - and, in particular, those of competition law – in order to remedy opportunistic patent exploitations (patent hold-up).
Economic and legal framework showed that patent hold-up is a specific issue of the IT market and exploits its features; therefore, sector-specific solutions and economically oriented remedies have been suggested in the proposals (chapter 5 and conclusions).
All the solutions offered here move from the assumption that any intervention to be effective, must also be the least invasive as possible and exploit the same physiological features of IT market, that gave rise to opportunistic behaviors.
The implications of this work, and the solutions and remedies it offers, are suitable for being implemented in the new context of the Unified Patent Court, which could also be considered a first testing ground for a European common approach to the problem of patent hold-up.The intersection between law and economics offers new opportunities of knowledge and different perspectives to approach the relationship between competition law and intellectual property law.
In this context, this work aims to analyze the phenomenon of patent hold-up in the IT market under both economic and legal dimension and to propose a set of modular solutions consistent with the results of this mixed analysis.
The research was carried out following a "pyramidal" approach: from the studying of the innovative phenomenon in the history of economics, the scope of investigation narrowed towards the structure of the IT market and the subjects operating therein, up to investigate the suitability of existing instruments - and, in particular, those of competition law – in order to remedy opportunistic patent exploitations (patent hold-up).
Economic and legal framework showed that patent hold-up is a specific issue of the IT market and exploits its features; therefore, sector-specific solutions and economically oriented remedies have been suggested in the proposals (chapter 5 and conclusions).
All the solutions offered here move from the assumption that any intervention to be effective, must also be the least invasive as possible and exploit the same physiological features of IT market, that gave rise to opportunistic behaviors.
The implications of this work, and the solutions and remedies it offers, are suitable for being implemented in the new context of the Unified Patent Court, which could also be considered a first testing ground for a European common approach to the problem of patent hold-up.LUISS PhD Thesi
Arbitrato e diritto della concorrenza
No full textL’arbitrabilità delle controversie in materia di concorrenza. Il ruolo degli arbitri: individuazione ed applicazione del diritto della concorrenza rilevante. Il ruolo del giudice nazionale in sede di controllo successivo
del lodo. Il rapporto tra l’arbitrato in materia di concorrenza e le Autorità pubbliche di garanzia. il rinvio pregiudiziale alla Corte di giustizia dell’Unione europea. L’arbitrato in materia di impegni assunti in sede di controllo delle concentrazioni da parte della Commissione UE.L’arbitrabilità delle controversie in materia di concorrenza. Il ruolo degli arbitri: individuazione ed applicazione del diritto della concorrenza rilevante. Il ruolo del giudice nazionale in sede di controllo successivo
del lodo. Il rapporto tra l’arbitrato in materia di concorrenza e le Autorità pubbliche di garanzia. il rinvio pregiudiziale alla Corte di giustizia dell’Unione europea. L’arbitrato in materia di impegni assunti in sede di controllo delle concentrazioni da parte della Commissione UE.LUISS PhD Thesi
La tassatività delle ipotesi di impugnazione del lodo rituale e l'errore di fatto degli arbitri
No full textLa stabilità del lodo nel sistema delle impugnazioni. Profili comparatistici. Tassatività e altri limiti alla impugnazione del lodo arbitrale. La revocazione ordinaria, in particolare l'errore di fatto dell'arbitro: limiti ed aperture per una critica coerente con le esigenze di tutela delle parti.La stabilità del lodo nel sistema delle impugnazioni. Profili comparatistici. Tassatività e altri limiti alla impugnazione del lodo arbitrale. La revocazione ordinaria, in particolare l'errore di fatto dell'arbitro: limiti ed aperture per una critica coerente con le esigenze di tutela delle parti.LUISS PhD Thesi
European civil actors for Palestinian rights and a Palestinian globalized movement: how norms and pathways have developed
No full textThe thesis reviews major social movement theories (i.e. Sidney Tarrow and Margeret Sikkink). The thesis benefits from major aspects of these theories, in relation to cycles of protest, scale shift, and repertoires.
As of a sort of anti-thesis, the thesis discovers that the researched movement ((the Boycott, Divestment and Sanctions movement- The BDS movement) suggests major deviations from these theories. Hence, the thesis mobilizes other literature, particularly of Pierre Bourdieu, to better account for agency and structures. This choice is enforced by the presence of academics that form a pillar in the movement. Yet, the thesis mobilizes together diverse dimensions from political science and theory, social movement literature, and sociology, and with a constant check with the case itself. The methodological choice of the research goes back and forth between theories and the case (abductive methodology).
The research finally discusses other literature more relevant to the case (i.e. by Amitav Acharya), which argues that local actors try to protect their norms from abuse by central forces, and they do not only import norms but also diffuse new norms.
As a conclusion (or a sort of synthesis) the research concludes that this transnational movement infuses diverse norms from different experiences and regions while adhering to universal norms such as comprehensive human rights. Moreover, the movement follows diverse pathways that include a Palestinian emergence, a Global Southern path and through the North. And these pathways enforce the adherence of the movement to specific norms. Such findings diverge from “Euro-centric” approaches in discussed social movements’ literature in the thesis, though they benefit from aspects of transnational movements’ literature on some aspects.The thesis reviews major social movement theories (i.e. Sidney Tarrow and Margeret Sikkink). The thesis benefits from major aspects of these theories, in relation to cycles of protest, scale shift, and repertoires.
As of a sort of anti-thesis, the thesis discovers that the researched movement ((the Boycott, Divestment and Sanctions movement- The BDS movement) suggests major deviations from these theories. Hence, the thesis mobilizes other literature, particularly of Pierre Bourdieu, to better account for agency and structures. This choice is enforced by the presence of academics that form a pillar in the movement. Yet, the thesis mobilizes together diverse dimensions from political science and theory, social movement literature, and sociology, and with a constant check with the case itself. The methodological choice of the research goes back and forth between theories and the case (abductive methodology).
The research finally discusses other literature more relevant to the case (i.e. by Amitav Acharya), which argues that local actors try to protect their norms from abuse by central forces, and they do not only import norms but also diffuse new norms.
As a conclusion (or a sort of synthesis) the research concludes that this transnational movement infuses diverse norms from different experiences and regions while adhering to universal norms such as comprehensive human rights. Moreover, the movement follows diverse pathways that include a Palestinian emergence, a Global Southern path and through the North. And these pathways enforce the adherence of the movement to specific norms. Such findings diverge from “Euro-centric” approaches in discussed social movements’ literature in the thesis, though they benefit from aspects of transnational movements’ literature on some aspects.LUISS PhD Thesi
Contributo allo studio dei limiti del diritto antitrust: esercizio di diritti procedimentale e abuso di posizione dominante
No full textThe research focalizes on the relationship between the exercise of administrative power and the application of antitrust rules. In particular, the application of article 102 TFEU in relation to the participation of dominant undertaking within administrative proceedings is investigated. The aim of the research is to examine the boundaries between the prohibition set forth at Article 102 TFEU and the exercise of the dominant undertaking’s administrative participative rights. From another perspective, the analysis concerns the identification of possible criteria capable of resolving (or avoiding) the conflict between the application of antitrust rules and the exercise of constitutional rights, such as that of democratic participation to the public life and the right to petition the Government. In this regard, an important role could be played by the abuse of rights theory. The antitrust rules should apply only in relation to behaviours of the dominant firm, which do not represent a genuine exercise of its participative rights. The research is structured as follows. The first Chapter, after a brief introduction to the applicative principles of article 102 TFEU, focuses on the application of antitrust rules against State measures. The conclusion reached is that antitrust should apply only in cases where the public authority have delegated their power to private interested parties, without sufficient supervision on how such power is exercised by the private operators. The second chapter is entirely dedicated the application of Article 102 TFUE vis-à-vis the participation of a dominant undertaking within administrative/regulatory proceedings. The research concludes that elements such as, (i) the discretionary power of the public administration; (ii) the nature and effects of the administrative decision; as well as (iii) the principle of uniformity of the legal order, act as limits to the application of Article 102 TFEU.
On the contrary, Article 102 TFEU shall apply in all cases when the dominant undertaking abuses its participative rights for an anticompetitive purpose. Hence, the third chapter of the thesis investigates the relationship between abuse of dominant position and abuse of rights theory/legal principle. The thesis is then concluded by a fourth chapter, which shows that some of the arguments treated in the precedent chapters reveal general trends of the legal order. This is, for instance, the case with the pluri-qualification phenomenon (i.e. the qualification of the conduct by different branches of the legal system), as well as with the abuse of rights principle.The research focalizes on the relationship between the exercise of administrative power and the application of antitrust rules. In particular, the application of article 102 TFEU in relation to the participation of dominant undertaking within administrative proceedings is investigated. The aim of the research is to examine the boundaries between the prohibition set forth at Article 102 TFEU and the exercise of the dominant undertaking’s administrative participative rights. From another perspective, the analysis concerns the identification of possible criteria capable of resolving (or avoiding) the conflict between the application of antitrust rules and the exercise of constitutional rights, such as that of democratic participation to the public life and the right to petition the Government. In this regard, an important role could be played by the abuse of rights theory. The antitrust rules should apply only in relation to behaviours of the dominant firm, which do not represent a genuine exercise of its participative rights. The research is structured as follows. The first Chapter, after a brief introduction to the applicative principles of article 102 TFEU, focuses on the application of antitrust rules against State measures. The conclusion reached is that antitrust should apply only in cases where the public authority have delegated their power to private interested parties, without sufficient supervision on how such power is exercised by the private operators. The second chapter is entirely dedicated the application of Article 102 TFUE vis-à-vis the participation of a dominant undertaking within administrative/regulatory proceedings. The research concludes that elements such as, (i) the discretionary power of the public administration; (ii) the nature and effects of the administrative decision; as well as (iii) the principle of uniformity of the legal order, act as limits to the application of Article 102 TFEU.
On the contrary, Article 102 TFEU shall apply in all cases when the dominant undertaking abuses its participative rights for an anticompetitive purpose. Hence, the third chapter of the thesis investigates the relationship between abuse of dominant position and abuse of rights theory/legal principle. The thesis is then concluded by a fourth chapter, which shows that some of the arguments treated in the precedent chapters reveal general trends of the legal order. This is, for instance, the case with the pluri-qualification phenomenon (i.e. the qualification of the conduct by different branches of the legal system), as well as with the abuse of rights principle.LUISS PhD Thesi
Il contratto di rete con autonomia patrimoniale non soggettivata: esempio di destinazione di patrimoni per l'esercizio in comune d'impresa?
No full textIl contratto di rete. L’esercizio in comune dell’attività di impresa non soggettivata. Il contratto di rete come esempio di patrimonio destinato. L’esperienza americana.Il contratto di rete. L’esercizio in comune dell’attività di impresa non soggettivata. Il contratto di rete come esempio di patrimonio destinato. L’esperienza americana.LUISS PhD Thesi
A social choice approach to theorizing justice
No full textMainstream theorizing of justice, initiated by John Rawls seminal work A Theory of Justice1, has recently come under criticism for its ability to devise satisfying answers to these questions. Within a debate on how to conceptualize ideal and non-ideal theorizing of justice, a number of theorists have pointed out a serious gap between contemporary theorizing of justice and actual problems. In response, those who believe that theorizing justice should address real problems argue for ways to breach the gap, while others have retreated to their ivory towers. Methodological chapters containing empirical and theoretical assumptions as well as issues of implementation, feasibility and accessibility are now considered more seriously. The debate has resulted in important insights for improving the ability of theorizing to relate to actual problems.
Nevertheless, this thesis argues that theorizing justice in the Rawlsian framework is inherently flawed in guiding action in real world circumstances. Due to its two stage method consisting in first theorizing ideal principles that govern the perfectly just society, and then implementing them in actual circumstances, the framework is unable to incorporate an essential aspect of real world circumstances. Namely, that there are equally valid reasons for upholding different principles of justice and equally valid reasons for different ways of implementing them in particular contexts. This failure has major implications for the capacity of theorizing to guide action in real world circumstances. The two stage method is either insufficient in guiding action or detrimental by making false judgments. Incorporating disagreement into the theorizing of actual injustices, however, implies a different idea of justice, which I argue is best comprehended by a social choice approach.
The critical part of this dissertation argues against Rawls' two stage method due to the problems arising from the fact of pervasive disagreement. The constructive part develops Amartya Sen's social choice approach to justice as a method that can deliver concrete judgments in comparing policies. I take up both tasks in Chapter 2. In Chapter 3 and Chapter 4, I respectively analyze two cases of policy choice in different domains of justice: the first regards implementing global taxes on natural resources; the second, reforming the European Union asylum policy. In Chapter 5, I conclude by emphasizing the main points of the social choice approach that I develop.Mainstream theorizing of justice, initiated by John Rawls seminal work A Theory of Justice1, has recently come under criticism for its ability to devise satisfying answers to these questions. Within a debate on how to conceptualize ideal and non-ideal theorizing of justice, a number of theorists have pointed out a serious gap between contemporary theorizing of justice and actual problems. In response, those who believe that theorizing justice should address real problems argue for ways to breach the gap, while others have retreated to their ivory towers. Methodological chapters containing empirical and theoretical assumptions as well as issues of implementation, feasibility and accessibility are now considered more seriously. The debate has resulted in important insights for improving the ability of theorizing to relate to actual problems.
Nevertheless, this thesis argues that theorizing justice in the Rawlsian framework is inherently flawed in guiding action in real world circumstances. Due to its two stage method consisting in first theorizing ideal principles that govern the perfectly just society, and then implementing them in actual circumstances, the framework is unable to incorporate an essential aspect of real world circumstances. Namely, that there are equally valid reasons for upholding different principles of justice and equally valid reasons for different ways of implementing them in particular contexts. This failure has major implications for the capacity of theorizing to guide action in real world circumstances. The two stage method is either insufficient in guiding action or detrimental by making false judgments. Incorporating disagreement into the theorizing of actual injustices, however, implies a different idea of justice, which I argue is best comprehended by a social choice approach.
The critical part of this dissertation argues against Rawls' two stage method due to the problems arising from the fact of pervasive disagreement. The constructive part develops Amartya Sen's social choice approach to justice as a method that can deliver concrete judgments in comparing policies. I take up both tasks in Chapter 2. In Chapter 3 and Chapter 4, I respectively analyze two cases of policy choice in different domains of justice: the first regards implementing global taxes on natural resources; the second, reforming the European Union asylum policy. In Chapter 5, I conclude by emphasizing the main points of the social choice approach that I develop.LUISS PhD Thesi
The European Union’s laboratory for sustainable development in the time of globalization and regionalization: global implications and institutional conditions for the circulation of the European experience
No full textResearch question and theoretical framwork: international differentiated responsability and environmental leadership. The EU as regional laboratory. The greening of the EU, Asean and Mercosur in a comparative perspective. The EU as greening actor of foreign policy.Research question and theoretical framwork: international differentiated responsability and environmental leadership. The EU as regional laboratory. The greening of the EU, Asean and Mercosur in a comparative perspective. The EU as greening actor of foreign policy.LUISS PhD Thesi