1,720,983 research outputs found
Making Sense of Semenya before the European Court of Human Rights
No full textCaster Semenya, a top-level middle distance runner and twice Olympic champion, applied to the European Court of Human Rights (ECtHR) alleging that Switzerland, as the country of seat of the Court of Arbitration for Sport having decided a previous award, had violated many of her rights under the European Convention on Human Rights (ECHR), with the arbitral award upholding the exclusionary regime providing for the suppression of testosterone levels imposed to athletes with Differences of Sex Development as a condition to compete in the female category. An all-male panel of the ECtHR held that there had been a violation of the prohibition of discrimination in conjunction with the right to respect for private life as well as a violation of the right to an effective remedy. Semenya v. Switzerland is a victory for the rights of intersex people, being the first decision where the ECtHR recognized that discrimination on the grounds of sex characteristics falls under discrimination on the grounds of sex under Article 14. Yet the judgment raises many ethical as well as legal questions in that the ECtHR denied the applicability of the prohibition of ill-treatment under Article 3, declaring Semenya’s complaint in this regard inadmissible, because the applicant had not undergone any treatment. Despite these elements, with this judgment, international human rights law ceases to be a blind spot in sports law, thereby becoming a requirement for both regulators and adjudicators
Questionable transactions, unquestionable rules: the Odebrecht/Braskem case and the Foreign Corrupt Practices Act
No full textThis article offers a critical analysis of the Odebrecht/Braskem case under the Foreign Corrupt Practices Act (FCPA). Two Brazilian companies, Odebrecht S.A. and its subsidiary Braskem S.A., have been caught in a massive bribery machine that concerned Brazil as well as many other countries, including Switzerland and the United States. Not only did these companies create a true consortium through which they controlled Brazil’s public procurement system in a way to adjudicate and make profit out of multibillion projects in South America and abroad, but they also exploited the U.S. financial market to transfer money to corrupt public officers. The two companies cut a deal with the U.S. prosecutors under the FCPA, which the article comments in two parts. First, it recounts the case’s factual background, casting a light on the companies’ business models and corrupt conduct. The second part delineates the legal arsenal underlying the deal signed with the U.S. prosecutors, which reflects a consolidated practice of the U.S. government to prosecute non-American multinational enterprises pursuant to the FCPA. Such practice is based on the broad discretion enjoyed by U.S. federal prosecutors in exercising their prosecutorial power, which includes the possibility to halt or defer the prosecution upon the condition that the defendant pays a penalty and submits to certain compliance and self-reporting obligations. Through the FCPA, they can target foreign corporations whose bribery scheme involved, even indirectly, the U.S. financial market. Finally, the Odebrecht/Braskem case represents the first example of a deal that was indirectly participated by foreign governments, whose sanctions were considered part of the deal itself
La riforma francese del diritto dell'arbitrato: un commento sistematico. Parte prima. La convenzione d'arbitrato e il procedimento arbitrale.
No full textCommento sistematico al decreto francese del 2011riformatore della materia arbitrale
LA RIFORMA FRANCESE DEL DIRITTO DELL’ARBITRATO: UN COMMENTO SISTEMATICO. PARTE SECONDA. IL LODO, LE IMPUGNAZIONI E LA DISCIPLINA DELL’ARBITRATO INTERNAZIONALE
No full textCommento sistematico al decreto francese del 2011riformatore della materia arbitrale
Special focus: unexplored dimensions of extraterritoriality. Introduction
No full textThis is an introduction to a special focus of the Journal on the evolving concept of extraterritoriality in international law. This special focus gathers four articles of young international law scholars at Bocconi University School of Law that contribute to the ongoing discussion about extraterritoriality in international economic relations
Ancora una netta presa di posizione a favore dell’arbitrabilità della delibera di approvazione del bilancio, ma non a favore dell’arbitrato societario.
No full textNota a sentenza del Tribunale di Modena sull'arbitrabilità delle impugnative di delibere assembleari
... Yet footnotes matter: osservazioni a margine di una tradizione
No full textIl saggio affronta il tema del riconoscimento del diritto al matrimonio per lo coppie dello stesso sesso, in prospettiva comparata, con particolare riguardo alla giurisprudenza delle corti costituzionali
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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