Law & Globalization

Labour Rights in a Globalised World: What Future?
Higher Standards or “Race to the Bottom”?

Bocconi Sch. L. Student-Ed. Papers, No. 2011-05/EN by FRANCESCO MONTANARO & LUIGI TESTA This paper tries to assess the impact of economic globalization on national labour law. The liberalization of movement of capitals, goods and services created a competition between developed and developing countries. Developed countries in order to not lose this new challenge started [...]


Trading the Shield of Sovereignty for the Scales of Justice:
A Proposal for Reform of International Sea Piracy Laws

Bocconi Sch. L. Student-Ed. Papers, No. 2009-11/EN (published in University of San Francisco Maritime Law Journal, Vol. 21 No. 2, 2009 ) by MIKE MADDEN   Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales [...]


Protection of Endangered Species Versus Free Trade:
An Overview Through the CITES-GATT Conflict

Bocconi Sch. L. Student-Ed. Papers, No. 2009-10/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by ISHUPAL S. KANG & CHARULATA CHAUDHARY This paper deals with one of the most visible problems of our times: the conservation and protection of the environment. Today more than ever has mankind been [...]


William Twining on ‘Reviving’ Comparative Law:
Some Reflections Inspired by Friedrich Nietzsche

Bocconi Sch. L. Student-Ed. Papers, No. 2009-09/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by BASIL SALMAN This paper looks at Professor William Twining’s vision for comparative law in the face of globalization, through the lens of the German philosopher Friedrich Nietzsche. Twining’s recent work highlights the potential [...]


On Universal Jurisdiction—Birth, Life and a Near-Death Experience?

Bocconi Sch. L. Student-Ed. Papers, No. 2009-08/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by HELENA GLUZMAN This paper investigates the topic of universal jurisdiction, ie the supranational prosecution and repression—without the necessity of a link between the accused and the prosecuting state—of crimes of such gravity and [...]


Formation of Contracts in International Business and the Battle of the Forms

Bocconi Sch. L. Student-Ed. Papers, No. 2009-07/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by JACOPO BUSNACH RAVENNA This paper approaches the globalization topic from the contractual point of view and focuses, in particular, on the so-called ‘battle of the forms’ scenarios arising in the formation of transnational [...]


Private Regulation:
Indispensable for Responsible Corporate Conduct in a Globalizing World?

Bocconi Sch. L. Student-Ed. Papers, No. 2009-06/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by TINEKE LAMBOOY & MARIE-EVE RANCOURT Is private regulation proven to be generally more successful than public regulation in controlling the transnational conduct of multinational companies? The exponential growth of private regulations aimed at [...]


International Migration and Trading Regimes:
NAFTA and the EU in Interdisciplinary Perspective

Bocconi Sch. L. Student-Ed. Papers, No. 2009-05/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by JAGDEEP BHANDARI This paper investigates the policy arguments underpinning the relationship between free trade and migration, as embodied in the regulatory choices made in two of the most significant experiments of international economic [...]


The Reduction of Air Pollution:
States and Markets for an Environmental Global Governance

Bocconi Sch. L. Student-Ed. Papers, No. 2009-04/IT by MARTA D’AURIA The air pollution is a global issue; therefore, in order to deal with it, the solution cannot be national. Not only does the Kyoto Protocol establish specific deadlines and quantitative targets for the reduction of greenhouse gases, but it also provides for the so-called ‘flexibility [...]


Global Law and Plunder: The Dark Side of the Rule of Law

Bocconi Sch. L. Student-Ed. Papers, No. 2009-03/EN (published in Bocconi Sch. L. Student-Ed. Papers (ed), Law & Globalization (VDM Publishing 2009)) by UGO MATTEI & MARCO DE MORPURGO The ‘rule of law’ has traditionally been conceived as an intrinsically positive and politically neutral ‘tool’, universally valid and capable of being ‘exported’ everywhere. This paper—which represents [...]