Juris Diversitas

Dear Colleagues
I hope you find useful to have the links to the new issue of OPINIO JURIS in COMPARATIONE. once again we look forward to host contribution from our Juris Diversitatis group.
If you have problems to read the post, please let me know.
With my bests
ciao
Giovanni

if this message does not display correctly, click here LSN LAW RESEARCH CENTERS PAPERS OPINIO JURIS IN COMPARATIONE (STUDIES IN COMPARATIVE & NATIONAL LAW, ETUDES DE DROIT COMPARE ET NATIONAL, ESTUDIOS DE DERECHO COMPARADO Y NACIONAL) Vol. 2, No. 1: Apr 02, 2010 GIOVANNI COMAND�, EDITOR Professor of Private Comparative Law, LIDER-Lab, Scuola Superiore Sant'Anna gico@sssup.it Browse ALL abstracts for this journal Links: Subscribe ~ Unsubscribe | Distribution | Network Directors | Advisory Board | Submit ~ Revise Your Papers Table of Contents Opinio Juris in Comparatione Vol. 1/2010 Opinio Juris Comparatione Submitter, LIDER-Lab, Scuola Superiore Sant'Anna What Price for the Community Enforcement of WTO Dispute Settlement Body’s Rulings? Sara Poli, University of Southampton Alessandra Arcuri, Erasmus University Rotterdam (EUR) - Erasmus School of Law Financial Contracts and ‘Junk Bonds’ Purchases in the Italian Legal System: A Matter of (In)Correct Disclosure Cristina Amato, University of Brescia Legal Education in Italy Vittoria Barsotti, University of Florence Vincenzo Varano, University of Florence Italian Report on Insurance Law between Business Law and Consumer Law Onofrio Troiano, affiliation not provided to SSRN Diana Cerini, Universit� degli Studi di Milano-Bicocca Maria Gagliardi, Scuola Superiore Sant'Anna Giovanni Comand�, LIDER-Lab, Scuola Superiore Sant'Anna ^top LSN LAW RESEARCH CENTERS PAPERS OPINIO JURIS IN COMPARATIONE (STUDIES IN COMPARATIVE & NATIONAL LAW, ETUDES DE DROIT COMPARE ET NATIONAL, ESTUDIOS DE DERECHO COMPARADO Y NACIONAL) "Opinio Juris in Comparatione Vol. 1/2010" Opinio Juris in Comparatione, Vol. 1/2010 OPINIO JURIS COMPARATIONE SUBMITTER, LIDER-Lab, Scuola Superiore Sant'Anna Email: opiniojuris@sssup.it Contents/Sommaire/Sumario Articles/Articles/Art�culos Paper n. 1, pp. 1 - 46 Alessandra Arcuri and Sara Poli What price for the community enforcement of WTO dispute settlement body’s rulings? Essays/Essais/Ensayos Paper n. 2, pp. 1 - 20 Cristina Amato Financial Contracts And ‘Junk Bonds’ Purchases in the Italian Legal System: A Matter of (In)Correct Disclosure Conference Proceedings/Rapports des conf�rences/Reportes des conferencias Paper n. 3, pp. 1 - 16 Vittoria Barsotti and Vincenzo Varano Legal Education In Italy Paper n. 4, pp. 1 - 35 Onofrio Troiano, Diana Cerini, Giovanni Comand� and Maria Gagliardi Italian report on Insurance law between business law and consumer law News/Annonces /Noticias Comparative Health Care Liability and Regulation: A Technology-Based Approach – International Summer School Pisa, Italy 24th – 4th June 2010 New Frontiers of Pharmaceutical Law - Young Researchers Workshop Lecce, Italy, 6th and 7th of May 2010 "What Price for the Community Enforcement of WTO Dispute Settlement Body’s Rulings?" Opinio Juris in Comparatione, Vol.1/2010, Paper No. 1 SARA POLI, University of Southampton Email: S.Poli@soton.ac.uk ALESSANDRA ARCURI, Erasmus University Rotterdam (EUR) - Erasmus School of Law Email: arcuri@frg.eur.nl Under the World Trade Organization (WTO) legal framework, when a violation is deemed to occur, Members have recourse to a quasi-automatic dispute settlement system. If the breach persists after the WTO Dispute Settlement Body (DSB) has adopted a ruling, Members hurt by the illegal measures can be authorized to retaliate against the scofflaw Member. Rights and obligations are, thus, centrally enforced within the WTO. The object of this article is the decentralized enforcement of WTO law, and more precisely of DSB rulings through the ECJ. The aim is to explore whether it is in the Community (EC) as well as in the WTO’s interests to ensure that these acts are enforced before the Luxembourg Courts. Notoriously, the European Courts have been resistant to Community enforcement of DSB’ rulings. Unlike many legal commentators that have criticized the European Courts, we conclude that the approach of the Courts is justified both from a purely legal standpoint and from a Law and Economics perspective. In relation to the latter, we develop a theoretical framework, building on Calabresi and Melamed’s ‘Cathedral’, and show that the Community enforcement of DSB’s decisions bears costs that outweigh the benefits. "Financial Contracts and ‘Junk Bonds’ Purchases in the Italian Legal System: A Matter of (In)Correct Disclosure" Opinio Juris in Comparatione, Vol.1/2010, Paper No. 2 CRISTINA AMATO, University of Brescia Email: amato@jus.unibs.it The essay is concerned with the protection of investors against purchases of ‘junk bonds’. As financial transactions are characterized by inherent risk, contractual unconscionability is not the relevant legal issue to be dealt with. The argument submitted by the author is therefore that protection of purchasers of financial products should focus of the nature and consequences deriving from liability triggered by reliance on negligent misstatements concerning economic information which induces investors to purchase ‘junk bonds’. Moreover, as the complex process underlying the issue and placement of financial securities involves the contribution of different professionals, their different roles should be reflected in a gradated liability scale covering each player contributing to the provision of these financial products. The conclusion is that civil liability remedies do not necessarily provide the only possible answer for the protection of investors: in addition, alternative remedies subsequent to the occurrence of damages (i.e., stricter criminal penalties), or preventive measures (such as applicable rules of conduct), as well as collateral sanctions (reputational risks), or new powerful procedural tools (class actions) may be able to support and protect investors more effectively than simple civil liability rules. "Legal Education in Italy" Opinio Juris in Comparatione, Vol.1/2010, Paper No. 3 VITTORIA BARSOTTI, University of Florence Email: vittoria.barsotti@unifi.it VINCENZO VARANO, University of Florence Email: vincenzo.varano@unifi.it This article examines the present situation of legal education in Italy. What becomes readily clear is that practical elements are almost totally absent from legal education, which remains largely theoretical. Though some attempts have been made at making legal education more practical, it is only after graduation that students, by and large, will have to become familiar with the practical side of the law. "Italian Report on Insurance Law between Business Law and Consumer Law" Opinio Juris in Comparatione, Vol. 1/2010, Paper No. 4 ONOFRIO TROIANO, affiliation not provided to SSRN DIANA CERINI, Universit� degli Studi di Milano-Bicocca Email: diana.cerini@unimib.it MARIA GAGLIARDI, Scuola Superiore Sant'Anna Email: gagliardi@sssup.it GIOVANNI COMAND�, LIDER-Lab, Scuola Superiore Sant'Anna Email: gico@sssup.it This paper is the Italian report, sent to the 18th international congress on comparative law - Washington 2010, on the specific subject “Insurance law between business law and consumer law”. It consists of detailed answers to the questionnaire, on several topics among which economic aspects, academic perception of the field, procedural aspects, legislation, “consumer” and “commercial” risks, substantive aspects. ^top Solicitation of Abstracts Scope of the Series Opinio Juris in Comparatione is a generalist electronic open platform devoted to "Studies in Comparative and National Law". It aims at enhancing the dialogue among all legal traditions in a broad sense. The intend of diffusing contributions on national law as well and not only to focus on comparative issues, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system. Authors will retain their copyrights. Authors will only mention in further publication(s) of the article/essay/case note that it has previously belonged to the Opinio Juris collection. 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Opinio Juris will give preference to articles under 25,000 words in length including text and footnotes. A piece will be considered an Essay if it is 8.000 words or less in length, and its primary purpose is to advance an idea, to summarize a development, or to initiate or engage in discussion. Case notes shall not exceed 7.000 words and will focus on an important decision. Selected Conference Proceedings, news and book reviews, overview of conferences, new books, etc. are welcomed as well. The three different languages of preferred submission are English, French and Spanish. The constraints set out for dealing with purely national law contributions is to give descriptions of domestic law in a language other than the language of the system itself (please see instructions for submission on http://lider-lab.sssup.it/opinio-juris for further details). NOTE for publication purposes all contributions must have their title and abstract translated into English. 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