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Gli accordi di ristrutturazione dei debiti: disciplina positiva ed effettività
No full textThis study treats the workout agreements according to art 182-bis of the Italian bankruptcy law.
In the first chapter, after a brief analysis of the historical context from which the workout agreements originate, are examined the elements that characterize the regulatory scheme: the nature and possible content of the agreements.
It afterward treats the main clauses of the agreements, those which are most applicated in the Italian practice. It also considers the specific role of banks, which are the real agreements protagonists, along with a few other institutional creditors.
The second chapter considers the legal discipline, addressing the necessary elements to implement the regulatory scheme, the qualification procedure, and finally the court official acceptance.
The third chapter examines the issue of the full effectiveness of the new regulatory scheme, through the survey of the workout agreements approved by the Court of Turin, Rome and Milan since 2005, as of today.This study treats the workout agreements according to art 182-bis of the Italian bankruptcy law.
In the first chapter, after a brief analysis of the historical context from which the workout agreements originate, are examined the elements that characterize the regulatory scheme: the nature and possible content of the agreements.
It afterward treats the main clauses of the agreements, those which are most applicated in the Italian practice. It also considers the specific role of banks, which are the real agreements protagonists, along with a few other institutional creditors.
The second chapter considers the legal discipline, addressing the necessary elements to implement the regulatory scheme, the qualification procedure, and finally the court official acceptance.
The third chapter examines the issue of the full effectiveness of the new regulatory scheme, through the survey of the workout agreements approved by the Court of Turin, Rome and Milan since 2005, as of today.LUISS PhD Thesi
Welfare and Generational Justice
No full textIdeas: Generational Justice: an Overview; Generational Justice as Sustainability; Generational Justice and Social Justice; Foundations of Generational Justice Institutions: Constitutional protection; Ad Hoc Agency and Institutions. Welfare: Welfare and Generational Justice; Italian case study; Generational Justice perceptions and the role of Welfare regimes in a comparative survey; Welfare Challenges.Ideas: Generational Justice: an Overview; Generational Justice as Sustainability; Generational Justice and Social Justice; Foundations of Generational Justice Institutions: Constitutional protection; Ad Hoc Agency and Institutions. Welfare: Welfare and Generational Justice; Italian case study; Generational Justice perceptions and the role of Welfare regimes in a comparative survey; Welfare Challenges.LUISS PhD Thesi
Resilience of authoritarianism and its projection onto international politics. The case of Russia
No full textThe Soviet system of centralized control and order has collapsed, yet what remains is centralized rule itself. Authority narrowly and more often illegitimately exercised remains a steady feature of the political landscape against the background of unprecedented levels of globalization, economic and financial interdependence the world has ever witnessed. Indeed it is puzzling why, given the present era of democratization and globalization, authoritarian rule is proving its resilience and persistence. To a large extent, political science field has not been able to fully explain, let along anticipate, why it is so.
The central research questions of the present analysis are: why authoritarianism in Russia remains resilient in the age of democratization? How is being an authoritarian regime
impacts on its international behavior and international system as a whole? My hypotheses are: a.) Russia is by and large a stable authoritarian regime, b.) Authoritarian regime stability in Russia is brought about by the prevalence of both domestic and external factors and c.) Domestic political setting under the Putin regime strongly influences foreign policy aims and capabilities of Russia.
The research conducted has largely relied on qualitative research method, based as it is on theories and findings in the relevant literature and involves a case-study on Russia.
Understanding the essence of authoritarian rule is crucial in order to comprehend regime dynamics, causes, consequences and possibilities of change, if any, towards democracy.
Assessing the more recent political regime dynamics in Russia in detail is necessitated in order to shed more light on the widespread scholarly speculation about the role and influence of leading authoritarian and semi-authoritarian regimes such as Russia on the international politics.
A number of branches of literature were taken into account in addressing the issue of authoritarian politics, namely scholarship on current democratization trends and on
contemporary authoritarian regimes, and role of regime type in international politics. The study highlighted sources of resilience of authoritarian type of rule, stressing both domestic and international variables. We have seen how under certain conditions authoritarian regimes can last – they are not merely diminished forms of democracy – mutating into a new form of authoritarian rule that combines formal democratic institutions with autocratic practices.
The most distinctive features of contemporary authoritarians are that they adopt basic institutional forms of democracy, allow some degree of political pluralism, yet systematically
violate basic democratic standards, primarily by anipulating electoral outcomes in order to sustain their rule.
On the domestic level, authoritarianism is primarily protracted by the ruling elite’s capacity to maintaining elite cohesion by the means of policy concessions, distribution of patronage and privileges, manipulation of political institutions such as legislature and parties
to maintain elite unity, and the effectiveness of state coercive capacity. At the same time it was argued that international factors are quite significant in
sustaining and prolonging authoritarian rule as well, amongst the most decisive are the undermined legitimacy of international democracy promotion campaign, level of linkage with the West, and the ruling elite’s active campaign of barring external forces that strengthen and sustain regime opposition. At the same time the discussion on the phenomenon of authoritarianism is taken to the international level of analysis and an equally important question has been posed relating to authoritarian states’ international behavior in relation to their internal dynamics. In
particular, considerable attention has been paid to the notion of a plausible ‘authoritarian backlash’ against democracy promotion at the international level.
The case-study on Russia has supported generally the major theoretical claims of the present analysis and has sought to unravel how and which internal and external factors
influence the political situation in the country and at the same time examine further how Russia’s political system influences its foreign policy course.
The centralized power vested in the Putin regime holds together a quite cohesive state apparatus, a firm grip on the economy, while at the same time paying much attention to
disguising authoritarian personalized rule as democracy to the Russian public.
Russia’s foreign policy was and remains ‘domestic’ in a sense that it is substantially subordinated to the goals of domestic agenda of consolidating the state and undertaking
economic reforms. The intellectual disposition to portray Russia as a great power is an everpresent ambition among the ruling elite. However, Russia’s lingering problems such as
population health, demographic dynamics, and point to its internal weakness that stands to impede significantly on the ruling elite’s aspiration to remain one of the major global powers.The Soviet system of centralized control and order has collapsed, yet what remains is centralized rule itself. Authority narrowly and more often illegitimately exercised remains a steady feature of the political landscape against the background of unprecedented levels of globalization, economic and financial interdependence the world has ever witnessed. Indeed it is puzzling why, given the present era of democratization and globalization, authoritarian rule is proving its resilience and persistence. To a large extent, political science field has not been able to fully explain, let along anticipate, why it is so.
The central research questions of the present analysis are: why authoritarianism in Russia remains resilient in the age of democratization? How is being an authoritarian regime
impacts on its international behavior and international system as a whole? My hypotheses are: a.) Russia is by and large a stable authoritarian regime, b.) Authoritarian regime stability in Russia is brought about by the prevalence of both domestic and external factors and c.) Domestic political setting under the Putin regime strongly influences foreign policy aims and capabilities of Russia.
The research conducted has largely relied on qualitative research method, based as it is on theories and findings in the relevant literature and involves a case-study on Russia.
Understanding the essence of authoritarian rule is crucial in order to comprehend regime dynamics, causes, consequences and possibilities of change, if any, towards democracy.
Assessing the more recent political regime dynamics in Russia in detail is necessitated in order to shed more light on the widespread scholarly speculation about the role and influence of leading authoritarian and semi-authoritarian regimes such as Russia on the international politics.
A number of branches of literature were taken into account in addressing the issue of authoritarian politics, namely scholarship on current democratization trends and on
contemporary authoritarian regimes, and role of regime type in international politics. The study highlighted sources of resilience of authoritarian type of rule, stressing both domestic and international variables. We have seen how under certain conditions authoritarian regimes can last – they are not merely diminished forms of democracy – mutating into a new form of authoritarian rule that combines formal democratic institutions with autocratic practices.
The most distinctive features of contemporary authoritarians are that they adopt basic institutional forms of democracy, allow some degree of political pluralism, yet systematically
violate basic democratic standards, primarily by anipulating electoral outcomes in order to sustain their rule.
On the domestic level, authoritarianism is primarily protracted by the ruling elite’s capacity to maintaining elite cohesion by the means of policy concessions, distribution of patronage and privileges, manipulation of political institutions such as legislature and parties
to maintain elite unity, and the effectiveness of state coercive capacity. At the same time it was argued that international factors are quite significant in
sustaining and prolonging authoritarian rule as well, amongst the most decisive are the undermined legitimacy of international democracy promotion campaign, level of linkage with the West, and the ruling elite’s active campaign of barring external forces that strengthen and sustain regime opposition. At the same time the discussion on the phenomenon of authoritarianism is taken to the international level of analysis and an equally important question has been posed relating to authoritarian states’ international behavior in relation to their internal dynamics. In
particular, considerable attention has been paid to the notion of a plausible ‘authoritarian backlash’ against democracy promotion at the international level.
The case-study on Russia has supported generally the major theoretical claims of the present analysis and has sought to unravel how and which internal and external factors
influence the political situation in the country and at the same time examine further how Russia’s political system influences its foreign policy course.
The centralized power vested in the Putin regime holds together a quite cohesive state apparatus, a firm grip on the economy, while at the same time paying much attention to
disguising authoritarian personalized rule as democracy to the Russian public.
Russia’s foreign policy was and remains ‘domestic’ in a sense that it is substantially subordinated to the goals of domestic agenda of consolidating the state and undertaking
economic reforms. The intellectual disposition to portray Russia as a great power is an everpresent ambition among the ruling elite. However, Russia’s lingering problems such as
population health, demographic dynamics, and point to its internal weakness that stands to impede significantly on the ruling elite’s aspiration to remain one of the major global powers.LUISS PhD Thesi
The Dynamic Notion of Cultural Identity: Implications for Human Rights
No full textPost Modern Cultural Identity and Human Rights. Theoretical Traditions in Cultural Identity. The Dynamic Notion of Cultural Identity: A Reversion to the Essentialist Paradigm. Implementation: Application of ‘Cultural Identity’ to the Discourse of Human Rights Legislation(s). Moral Justification to Preserving ‘Cultural Identity’.Post Modern Cultural Identity and Human Rights. Theoretical Traditions in Cultural Identity. The Dynamic Notion of Cultural Identity: A Reversion to the Essentialist Paradigm. Implementation: Application of ‘Cultural Identity’ to the Discourse of Human Rights Legislation(s). Moral Justification to Preserving ‘Cultural Identity’.LUISS PhD Thesi
Internet, Citizens, and Public Organizations: The Power of Service Providers in Fostering or Hampering Transparency
No full textThe continuous evolution and the growth of the Internet made it a globally diffused and accessible network were users
are not only content consumers, but also content providers. The possibility of diffusing data and information, from
official sources and often intended to be kept confidential or restricted, can promote the transparency in the
communication process of public organizations with citizens. At the same time other subjects not directly involved in the
process of information diffusion, like the service providers, are in the position to promote or hamper this phenomenon.
Within these boundaries this paper uses agency theory to investigate the case of WikiLeaks, an international non profit
organization that gained widespread global attention for the diffusion of documents unveiling the activities of the US
diplomacy.The continuous evolution and the growth of the Internet made it a globally diffused and accessible network were users
are not only content consumers, but also content providers. The possibility of diffusing data and information, from
official sources and often intended to be kept confidential or restricted, can promote the transparency in the
communication process of public organizations with citizens. At the same time other subjects not directly involved in the
process of information diffusion, like the service providers, are in the position to promote or hamper this phenomenon.
Within these boundaries this paper uses agency theory to investigate the case of WikiLeaks, an international non profit
organization that gained widespread global attention for the diffusion of documents unveiling the activities of the US
diplomacy.Monograph's chapter
Bancoposta e Cassa Depositi e Prestiti: Il circuito storico del risparmio postale e prospettive evolutive
No full textAntecedenti storico-normativi e problematiche giuridiche del sistema «Bancoposta-Cassa DD. PP.». Dal risparmio postale all’intermediazione finanziaria della Cassa depositi e prestiti. Il Bancoposta: tipicità ed atipicità del modello operativo. Le caratteristiche dell’offerta finanziaria del Bancoposta. Un breve confronto comunitario.Antecedenti storico-normativi e problematiche giuridiche del sistema «Bancoposta-Cassa DD. PP.». Dal risparmio postale all’intermediazione finanziaria della Cassa depositi e prestiti. Il Bancoposta: tipicità ed atipicità del modello operativo. Le caratteristiche dell’offerta finanziaria del Bancoposta. Un breve confronto comunitario.LUISS PhD Thesi
Profili di corporate governance e regolamentazione del mercato
No full textCorporate governance represents one of the most important preconditions for a smooth-functioning economic and financial world-wide system. During the latest decades it has been more and more discussed among scholars, regulators and firms. Its growing importance is due to a number of factors, many of which require corporate governance to be seen under a brand new perspective. Within this work, we start by giving evidence of the more traditional theories on corporate organization, management and control, with special regard to the Italian (past and present) legislative framework. In particular, we try to consider whether globalization and the recent financial crisis have an impact on the deep-rooted corporate governance principles and rules. In this standpoint, the work aims at providing a personal interpretation of the law and economics literature, taking into consideration also the recent market practices. We try therefore to debate on the role that corporate governance regulation might play in the renewed order of the financial market, with specific attention to the banking system and its soundness.Corporate governance represents one of the most important preconditions for a smooth-functioning economic and financial world-wide system. During the latest decades it has been more and more discussed among scholars, regulators and firms. Its growing importance is due to a number of factors, many of which require corporate governance to be seen under a brand new perspective. Within this work, we start by giving evidence of the more traditional theories on corporate organization, management and control, with special regard to the Italian (past and present) legislative framework. In particular, we try to consider whether globalization and the recent financial crisis have an impact on the deep-rooted corporate governance principles and rules. In this standpoint, the work aims at providing a personal interpretation of the law and economics literature, taking into consideration also the recent market practices. We try therefore to debate on the role that corporate governance regulation might play in the renewed order of the financial market, with specific attention to the banking system and its soundness.LUISS PhD Thesi
Impresa ed attività commerciale tra presupposto d’imposta e qualificazione degli enti non societari
No full textImpresa e attività commerciale nel diritto tributario tra derivazione civilistica, diritto comunitario e nozioni autonome. La nozione di impresa commerciale quale presupposto per l’applicazione del tributo e del corretto regime fiscale. Attività commerciale e qualificazione tributaria degli enti non societari.Impresa e attività commerciale nel diritto tributario tra derivazione civilistica, diritto comunitario e nozioni autonome. La nozione di impresa commerciale quale presupposto per l’applicazione del tributo e del corretto regime fiscale. Attività commerciale e qualificazione tributaria degli enti non societari.LUISS PhD Thesi
Supplier-Buyer networks and Buyer's innovation
No full textConceptual Framework and Literature. Hypotheses development. Research Design. Results. Discussion and Conclusions.Conceptual Framework and Literature. Hypotheses development. Research Design. Results. Discussion and Conclusions.LUISS PhD Thesi
Organizations are going to the Cloud: which competences for the IT Manager?
No full textCloud Computing (CC) is emerging as a new trend for managing IT resources within organizations. It also raises a broad range of issues from technically-oriented to organization-oriented related to cloud evolution and migration. It invites consideration of new models of governance for systems, service and organization. In order to take advantage from the opportunities offered by this technology, IT governance processes must be updated and aligned with the requirements emerging from CC adoption. As a consequence of this phenomenon, from the perspective of resources and organizational capabilities, CC requires a rethinking of the individual competences of IT managers to fill the gaps related to cloud adoption. In this paper we address the issue of identifying this gap by analyzing the impact of CC on both the activities of IT managers and the competence areas characterizing their professional profile. The results of this study provides guidelines for the development of training programs for IT managers. Furthermore the final discussion contribute to the debate on contingency relationships between CC configurations, individual competences, absorptive capacity and organizational capabilities.Cloud Computing (CC) is emerging as a new trend for managing IT resources within organizations. It also raises a broad range of issues from technically-oriented to organization-oriented related to cloud evolution and migration. It invites consideration of new models of governance for systems, service and organization. In order to take advantage from the opportunities offered by this technology, IT governance processes must be updated and aligned with the requirements emerging from CC adoption. As a consequence of this phenomenon, from the perspective of resources and organizational capabilities, CC requires a rethinking of the individual competences of IT managers to fill the gaps related to cloud adoption. In this paper we address the issue of identifying this gap by analyzing the impact of CC on both the activities of IT managers and the competence areas characterizing their professional profile. The results of this study provides guidelines for the development of training programs for IT managers. Furthermore the final discussion contribute to the debate on contingency relationships between CC configurations, individual competences, absorptive capacity and organizational capabilities.Uninvited Submission