1,720,986 research outputs found
Children's rights and religious identities in international law: kafāla in international conventions
No full text
Food safety: a comparison between United States and the EU models in the WTO
No full textThe relationship between the American Food Safety model and the European model and, in general, between North American and European food law within the context of international trade takes on problematical aspects in the role played by science. Food technologies integrate totally with regulations, which in itself is a technical choice and cannot otherwise be interpreted except for recourse to category, concepts and subject matter of scientific culture. The same authority cannot but have a technical ‘voice' when it has to subsume the fact into a regulation.
What is certain is that food is experiencing today what has already happened with biodiversity and water, when we had not yet realized their importance as resources to be protected quantitatively and qualitatively.
The same path could be proposed for food, which clearly could not in itself become the common heritage of all, but the right to be fed in a healthy way, yes, this could be protected, indeed it should be preserved by States without any kind of conditioning by private individuals
Minori e forme di tutela religiosamente connotate nella recente giurisprudenza delle Corti Europee
No full textKafala legal institution, typical of the Islamic world, stands out as a protective form of minors outside the creation of any adoptive bond and recognised status as in the cases of legitimate child. In Western countries, kafala brings into focus several different issues that are connected primarily with fears of circumventing laws in matters of family reunion alongside stringent criteria set for international child adoption. However, the assumption that there are imperfect legal models should not prevent European Courts from duly re- cognising kafala as a proper means to ensure supreme interests of minors. This way then, the very nature of kafala is one which provides jurists with responsibility to choose from the best applicable rules of procedures, and most importantly fosters a conscientious and rational evolution of the system as a whole.L’istituto giuridico della kafala, tipico del mondo islamico, è una forma di tutela del minore senza creazione di un legame adottivo e privo del riconoscimento di uno status parificato a quello del figlio legittimo. Lo studio della kafala evidenzia nei Paesi c.d. occidentali molteplici problematiche concrete, legate soprattutto al timore della possibilità di aggirare la normativa in tema di ricongiungimento familiare ed i rigidi criteri fissati in tema di adozioni internazionali. Un’imperfetta coincidenza di modelli giuridici non dovrebbe però impedire alle Corti europee di garantire la riconoscibilità della kafala al fine di assicurare il supremo interesse del minore. La natura di questo sistema attribuisce, infatti, una pesante responsabilità ai giuristi chiamati non solo a scegliere quale regime processuale applicare, ma soprattutto a stimolare l’evoluzione coscienziosa e razionale dell’intero sistema
La ricerca di un modello europeo di promessa: il possibile contributo del sistema scozzese
No full textSport and competition law in the European Union
No full textThis essay focuses on the relationships between sport and protective meas¬ures of competition within the framework of EU law. The emphasis on this topic plays a crucial role in the broader economic dimension of sport and the ways it affects compatibility of sporty rules with the principles enshrined in the EU Treaties.
It is far from doubt that high-ranking sports represent an economic activ¬ity with its own peculiarities inherent in sports rules and sporting activity it¬self, the latter seen from a purely economic perspective. In the sport field, in fact, gaining monopoly as a typical objective of any enterprise involved in var¬ious sectors translates into a phenomenon which Neale referred to in the past as 'a disaster'. Without competitors on the outlook, there can be no sporty output (whether as a single match or a whole championship) being successfully achieved and sold. As a matter of fact, sport outcomes are not easy to plan since they can be influenced by several factors that escape any real ability to foresee by the company management itself (such as arbitral mistakes or health accidents suffered by athletes). Furthermore, it is also widely acknowledged that it is necessary to demonstrate a certain degree of competitive balance among various sport companies, on account of consumers-fans being uncertain about the final outcomes of any given sport activity. With this in mind, any reflec¬tion on the relationship between sport and antitrust law within the EU should therefore begin with the analysis of two closely related aspects: the need to make sport rules subordinate to competition rules set out in EU Treaties on the one hand, and the relevance held by the peculiarity of economic activity from the perspective of competition law on the other. Finally, the essay focuses on the varying importance possibly demonstrated by the objective for com-petitive balance within the analytical context of antitrust law in force in the USA and Europe
Water Policy in the United States from a comparative perspective
No full textWater is essential to human life. Therefore its use and distribution are di¬rectly concerned with basic rights. In addition, water is a scarce resource. This depends mostly on geography, but also major social and economic factors come into play. In particular, there is strong competition between the different cate¬gories of users and public interest connected with the different modes of ex¬ploitation of the water may be assessed variably in different historical periods. The real challenge is to ensure the best use of water resources for society, tak¬ing into account all relevant legal positions.
This is where democracy can play a key role. In reality, at first glance, the link between good water management and the principles of democracy is not easy to see. Democracy may seem such a 'high' and far-reaching value that it cannot have a place in practical activities such as water management. This study aims to demonstrate the opposite, i.e. that the principle of democracy may take on primary importance in the management of water resources, because it can provide the legal means suitable for managing (and possibly solve) the issues that inevitably arise from the relationship between the various stakeholders.
Rather than carrying out a thorough comparative analysis of public law re¬garding this resource, it is necessary to isolate — however arbitrarily — a geo¬graphical context and an object of analysis.
As to the first aspect (the geographic scope of the analysis), it does seem particularly interesting to consider some European jurisdictions with obvious similarities, in terms of historical development, with the Italian jurisdiction, re¬ferring specifically to the French and Spanish systems, grounded in the Ro¬man-Germanic tradition. On the other hand, these considerations would not be comprehensive without some mention made of the Anglo-Saxon experience, where the focus is on the US legal systems.
As regards the other aspect relating to the determination of the object un¬der examination, at least three relevant aspects may be identified. The first, pre¬dictably, concerns the possible configuration of water as a public asset, for the pursuit of purposes associated with its use by the community. The second con¬cerns the regime of water use by private individuals. The third and last aspect concerns methods of water supply. Since this issue cannot be treated exhaus¬tively here, this study sets out to mention some features as an example extrapolated from some of the legal systems examined, in order to verify the existence of any significant convergences or divergences
Food Security and Sustainable Development: CAP and Farm Bill and their International Economic Constraints and Environmental Services
No full textThe industrial processing of food is an economic activity which produces negative externalities, like any other business activity: it is a possible source of pollution for land, water and natural habitats, hence affecting the balance of ecosystems. However, unlike other business sectors, the food industry needs a healthy environment since the products that are the object of its activities (food) are directly produce and livestock as well as processed products. In agriculture, all natural resources are the constituent elements of the business, and its need for a healthy environment coincides with the needs of the com- munity, because the abuse of natural resources can seriously undermine the quality of the produce to the detriment of the business.
In this context, therefore, entrepreneurial activity in the food sector plays a dual role in that it produces negative and positive externalities. On the one hand, like any other form of production, its activities are subject to the rules, obligations, constraints and limits designed to protect the environment. On the other hand, since agriculture is an important part of the food chain, the food business has the function of preserving biodiversity and protecting and regenerating the environment. Hence, it is subject to specific rules.
In this sense, a harmonious and sustainable development of the agro-food sector should be based on the diversification of production, also for exports, and on farming practices, which besides supplying food to the food industry, shape and produce the environment
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