in L. CADIET, B. HESS, M. REQUEJO (eds.), Approaches to Comparative Procedural Law: The Pluralism of Methods, Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, Nomos Verlag Publisher, 2017, 67-91. (ISBN: 978-3848743094).

Comparative Law in Theory and Practice. Mauro Cappelletti’s Methodology in Comparative Civil Justice and the Coercive Powers of Courts as a Case Study

Abstract

Full Paper
Carlo Vittorio Giabardo
Research Associate

CarloVittorio Giabardo, Research Associate at gLAWcal, EU commission Marie Curie Fellow at Tsinghua University (Beijing, China). PhD (2016), Turin Law School.

Summary

glawcal comments

articles

Climate Justice in the Anthropocene and Its Relationship with Science and Technology: The Importance of Ethics of Responsibility
Greening the Economy for the Sustainability Transition: An International Legal Perspective
Public Administration in the Age of Globalization and Emerging Technologies: From Theory to Practice
The Legal Ethics of Metadata: Accidental Discovery of Inadvertently Sent Metadata and the Ethics of Taking Advantage of Other’s Mistakes
Philosophy of energy and energy transition in the age of the petro-Anthropocene
Meritocracy: a key factor for political ascent in post-Maoist China?
Sino-North Korean relations: between detachment and understanding
The military intervention in the territory of the Autonomous Republic of Crimea: International Law Perspective
The Legal Regime Governing the Use of Force in the Fight against Non-state actor: East Ukraine 2015
The Case VLK and the Case Križan of the Court of Justice of the European Union
Decision in the Case Navalnyj vs. Russia from February 2nd, 2017
Book Review of Danilo Türk's 'Temelji Mednarodnega Prava' (Foundations of International Law)
Bilingual Topographical Signs of Different Sizes are Unconstitutional
L’obbligo dell’ascolto del minore infrasedicenne nel procedimento di opposizione al secondo riconoscimento: la Cassazione muta le ragioni del suo orientamento, comment on Cassazione 13 May 2012
Comment on Tribunale Reggio Emilia, 10 May 2012
Comment on Cassazione 17 January 2013, n. 1020
Comment on Cassazione 12 March 2013, n. 6093
Legittimazione passiva nell’azione per la costituzione di servitù di passaggio e pluralità di fondi intercludenti: l’ultimo approdo delle Sezioni Unite, comment on Cassazione 22 April 2012, n. 9685
Il minore e il suo diritto a essere ascoltato nel processo ex art. 250, comma 4, c.c., comment on Cassazione 21 November 2014, n. 24863
Considerazioni sparse in tema di tutela processuale degli small claims, comment on Cassazione 27 January 2017, n. 2168 (ord.)

Our events

CALL FOR PAPERS: ICC´S CONTRIBUTION TO THE DEVELOPMENT AND ENFORCEMENT OF INTERNATIONAL HUMANITARIAN LAW

Our concerns

The growth in green energy investments worldwide is an important reality and rising trends are to be expected in the future. When designing the proper policy agenda for renewable energy investments, we must take into consideration the legal, regulatory and political frameworks in both developing and developed countries. gLAWcal aims at analyzing national approaches on the matter, combining scientific, social and economic considerations. At the same time, it wishes to develop partnerships among European and non-European institutions, so as to deliver an integrated approach on sustainable energy investments, combining global and local perspectives.
The need to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology are topical issues that affects international relations. It is crucial for developing countries to achieve a substantive degree of IPR protection, not only for the promotion of creativity and innovation, but also for the maximization of technology transfer from developed countries. gLAWcal examines IPR regimes and their impact on competition with the objective of providing a better understanding of the competition-dimension of IP rights. Intellectual property rights are also extremely crucial to sustainable development in manifold ways, from the protection of traditional knowledge and cultural products, to access to essential medicines. Our organization focuses on the policy frameworks and institutions shaping debate and policy development in this sector.
In the last fifteen years, all around the world there has been a tendency to put much hope in the rise of civil society, its emergence being welcomed as a sign of progress towards a more democratic system. Many places in the world are today laboratories for change thanks to bottom-up movements supported by civil society organizations. By looking at contentious politics and how they converge and interact with institutional politics, we can better understand what directions a country’s political system and its governance is taking. gLAWcal supports collective forms of actions aimed at the creation of better societies, on many social issues, and in various geographical areas.
Improvements in people’s economic wellbeing have increased citizen demands for a cleaner environment. As societies undergo the transition to industrial development and modernity, their citizens begin to concern themselves with needs and wants beyond the material, including the protection of the environment. However, growing levels of environmental consciousness and awareness are often not matched by proper environmental legislation enforcement at the local level. gLAWcal looks at environmental rights developments in developing countries, and aims at delivering policy advices and capacity building support in areas where law implementation is lacking. With this purpose, our organization seeks to improve environmental protection not only for the benefit of the populations directly affected, but also for the sake of the entire planet.
Globalization, and the consequent international exchange of goods, services, cultures, ideas, has brought increased wealth for many on the one hand, while exerting pressure on core societal values both in developed and developing countries on the other hand. Public opinion and policy makers have warned against the threat posed by international trade and liberalization to policies and measures meant to protect the so-called non-trade concerns (NTC), such as environmental protection, sustainable development, good governance, cultural rights, labour rights, public health, social welfare, national security, food safety, access to knowledge, consumer interests and animal welfare.When trying to protect these issues, developed countries have put into place trade measures that have encountered resistance or dissent in developing countries, being perceived as protectionist actions or as an attempt by the importing countries to impose their social, ethical and cultural values on exporting countries.The challenge of integrating Non-Trade Concerns embodies the willingness to overcome national egoisms and embrace universally a number of fundamental values, creating an ethical and juridical platform to win over cultural differences and issues of national sovereignty. gLAWcal’s research aims at identifying ways to protect NTC within international economic law. By shedding new light on developing countries’ trends towards inclusion of NTC in the domestic and international arena, gLAWcal provides a comprehensive perspective on law enforcement, creating a bridge between the international and the domestic realities.
Follow us

Stay tuned for news on sustainable development, environment and climate change, international trade and human rights, Chinese issues and much more!

Contact us
gLAWCAL VIEW

A monthly newsletter of the best gLAWCAL publications.

Privacy Policy
Copyright © gLAWcal
Designed by D&F