1,720,968 research outputs found
Legislative and Judicial Remedies for Environmental Torts Victims. A study in the framework of EU-China Cooperation
No full textThis book deals with the issue of regimes of liabilities in the field of environmental tort. The study is made in a comparative perspective. In particular European Environmental Liability and Chinese Environmental Liability regimes are considered and analysed with regard to the following specific topics: concepts of environmental damage, types and rules of liability, systems of remedies, procedures. Several essays analyse the aforementioned aspects in the perspective of harmonisation of Environmental legislation, legal transplants, circulation of legal models. A specific attention is devoted to the implementation problems, especially at the judiciary level, where several differentiations still mark the "laws in action" in spite of a progressively converging "laws in the books"
Sustainability of Legal Transplants and Legal Borrowings in Chinese Rules on Environmental Liability: Lessons from Comparative Law
No full text"Sustainability", "legal transplants" and "legal borrowings" are recurrent expressions in the discourse "in" and "on" the contemporary Chinese legal system. In the title of this paper the two words are conjoined not only because I will deal with one of the elective fiels in the discourses on sustainability in law, i.e. liability for environmental harm, but also because my intention is to explore certain paths of legal transplants in this field, focusing in what is the fundamental instrument that sustains circulation of legal models amongst different legal system: the language. This is a crucial aspect of the Chinese integration into the global law networks and the new set of laws for environmental protection enacted in China in the last decade in order to cope with its environmental emergency, and the environmental liability rules in particular, appear to be an interesting field of research in this respect. This paper will start exploring the Chinese environmental liability rules through the analytical lenses of comparative law and language studies. A reflection will be made in the difficulties of mantaining, expecially in a world of increasing legal contaminations, the precision of legal concepts and taxonomies which frame the rules in a given system and in the need to make a deeper analytical work on them, in order to render not only transplants and borrowings, but also processes of harmonisation and communication between laws more efficient
The 2004/35/CE Environmental Liability Directive: Pursuing the Harmonization of Environmental Legislations within the EU Member States
No full textThe paper aims to highlight the EU legislative approach to the environmental preservation, analysing the dynamic relationships between the EU and the Member States through the study of the fundamental Directive 2004/35/CE concerning the environmental liability
Environmental Liability within the European Context: Definitory Problems
No full textSince the very beginning, the EU environmental legislation has been facing the wide divergences existing in the environmental legislations and legal processes of the Member States. In this regard, it is sufficient to remember that the concept of “environment” has itself different meanings within the different national legislative contexts, ranging from an “ecocentric” definition of environment, which includes natural resources as such, to a more “anthropocentric” concept, which refers to a few striking aspects of environment considered the most relevant to human health.
Being the different levels of European environmental law, both national and supernational, amongst the main models of reference for the Chinese law reforms, a deeper knowledge of the dynamics of evolution of the main European environmental liability law regimes, in a comparative perspective, shall be helpful to share in a better way Chinese environmental liability rules.
The paper will analyze the main regulation’s practices and definitions enacted within the European Union with regards to environmental liability, throughout a comparative study aiming at contributing to trace a most advanced framework for comparative analysis between Europe and China
Supporting an ICJ Advisory Opinion on Climate Change Responsibility: the “Ambassadors for Responsibility on Climate Change” (ARC) Initiative
No full textBecause of the little progress in international climate change negotiations, academics and civil society started questioning whether and how it is possible to “provoke” proceedings before international tribunals in order to clarify the international legal principles and obligations concerning the limitation and elimination of greenhouse-gas (GHG) emissions. As international climate change litigation among sovereign States may prove uncertain because of the difficult causal relationship to be established between certain carbon emissions and a climate change damage concerning a particular State, the International Community is focusing its attention and efforts on how to achieve an advisory opinion of the International Court of justice (ICJ) through a request by the UN General Assembly. In our paper we thus present and analyze the “Ambassador for Responsibility on Climate Change” (ARC) Initiative, proposed by Palau -one of the Pacific Ocean State Islands running the risk of submersion because of global warming- at the 2011 Annual Meeting of the UN General Assembly so as to gather the necessary political consensus for the adoption of a UNGA resolution requesting an advisory opinion to the ICJ
Fa yuan ti xi zhong de xian fa (La costituzione nel sistema delle fonti del diritto)
No full textIl contributo, tradotto in lingua cinese dal dott. Xueshuo Huizuan, descrive la collocazione della Costituzione all'interno del sistema attuale delle fonti del diritto italiano
Lun luomafa zhong sunhai de yange gainian (Sulla nozione rigorosa di 'danno' in diritto romano)
No full textLa differenza tra la nozione romana di 'danno' e la nozione attuale, rispetto alla estensione della contemporanea concezione ad includere aspetti non patrimoniali nei significati del termine
Lun Lameifa zhong de Yaown Jiedai he Nuocheng Jedai (= Mutuo reale e mutuo consensuale nel sistema giuridico latinoamericano)
No full textLa predisposizione unilaterale delle clausole contrattuali: libertà e limiti. Diritto romano ed ordinamenti moderni
No full textSi tratta del testo scritto di una relazione tenuta nel sesto congresso internazionale su Diritto romano, diritto cinese e codificazione del diritto civile. Il contenuto prende le mosse dall'esame di una serie di testi della giurisprudenza romana, dove si contempla il potere del contraente "più forte" di predisporre le condizioni contrattuali da proporre alla controparte e allo stesso tempo i temperamenti introdotti dal pretore e dall'interpretazione dei giuristi a tale potere. Una volta descritto il quadro del diritto romano, si offre una breve panoramica su come si siano orientati al riguardo alcuni ordinamenti moderni
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