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Gianpaolo Maria Ruotolo
Ruolo
Ricercatore
Organizzazione
Università degli Studi di Foggia
Dipartimento
Dipartimento di Giurisprudenza
Area Scientifica
Area 12 - Scienze giuridiche
Settore Scientifico Disciplinare
IUS/13 - Diritto Internazionale
Settore ERC 1° livello
SH - Social sciences and humanities
Settore ERC 2° livello
SH2 Institutions, Values, Environment and Space: Political science, law, sustainability science, geography, regional studies and planning
Settore ERC 3° livello
SH2_5 International relations, global and transnational governance
The paper studies some international law aspects underpinning the project of the new Domain Name System governance, in order to try and bridge the worlds of IT law and international law. It also deals with the issue of the fragmentation of both international and domestic legal orders with an international lawyer’s perspective, and faces the approach adopted on the same issue by the ‘global/transnational’ law doctrine. It uses the Internet Domain Names System (DNS) governance in the perspective of the international legal order as a case-study, framing it in the context of various informal cross-border cooperation between public authorities., It also examines the ICANN as an organization, trying to understand if it could be read as an international organization and the gradual overcoming of the ‘political question doctrine’ in the US.
The paper examines the regime of consumers’ alternative online dispute resolution system of the European Union adopted by regulation 54/2013 and directive 2013/11/EU, studying both the harmonization effects those measures have on national legal orders and the private international law issues relating to the applicable law. The Author verifies also its compatibility with some basic principles of the EU order such as the consumer protection and the right to effective judicial remedies.
Sommario: 1. Il diritto alla scienza nell’ordinamento internazionale. – 2. L’open access ai risultati delle ricerche scientifiche come misura di attuazione del diritto alla scienza nell’ordinamento dell’Unione europea e in quello italiano.
Il lavoro analizza l'attività dell'Organizzzazione mondiale del commercio nel biennio esaminato al fine di individuare alcune linee di tendenza.
The work, building on a recent judgment of the Court of Justice of the EU, analyzes the relationship between EU and Italian law concerning the obligation of the administration to give reasons for its decisions in order to understand if it is possible to identify a core set of supranational principles and if the same are in force in the Italian legal order by the reference made by the italian law on administrative procedure.
The paper analyzes the legal measures adopted by the European union (EU) and its Member States in order to manage the global financial and economic crisis that started in 2007. The Author divides those measures into three main groups: rules adopted to regulate EU economic policies in physiological – that is “non-crisis” – conditions; general rules for critical economic situations that weren’t specifically thought for the ongoing crisis; ad hoc instruments built to deal with the ongoing crisis (e.g. Euro-Plus Pact; the so-called six pack; the European semester; the European Financial Stabilization Mechanism; the European Fund of Financial Stability; the Treaty on stability, coordination and governance in the economic and monetary union; the European Stability Mechanism).
This paper examines the rules and the practice of the World Trade Organization legal system in the field of digital trade and compares them to the ones of some non commercial international organizations in order to identify some peculiarities of the WTO context. It concludes that, although the WTO member States have not adopted specific rules for the digital environment, they somehow succeeded in applying to it the more general GATT and GATS rules which, in turn, have influenced the material content of some preferential trade agreements (PTAs) relating to trade in digital goods and services, thus avoiding the birth of an espaghetti bowl. On this point only the TRIPs system registers a peculiar phase of backwardness.
The paper deals with the relationship between international legal order and the Internet, a bilateral one: on the one hand, in fact, the first is called to govern both the Web as an infrastructure and human behaviors that take place there, on the other hand the same legal order is undergoing changes as a result of the peculiar dissemination of information itself made by its operators (government officials, NGOs, academics, lawyers) through the Net.
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