Global sustainability and comparative legal culturesThe book collects the proceedings of the SIRD 2022 Conference for Younger Comparatists, supported by the Jean Monnet Chair ENFASIS. It offers a broad reflection on the multiple paths through which legal cultures currently support and promote the resilience of nature. Concern for future generations, new private models of environmental protection and the new ecological constitutionalism are some of the distinctive features of the research carried out for the book’s 27 essays. In the face of unstoppable global climate change, the role of the sustainability principle emerges, which aims to overcome the dichotomy between public and private law and between law and other sciences.
Harmonization of European and Latin-American Consumer LawThe book expands the reflections undertaken by the Authors during the concluding conference of the Jean Monnet Module HELACOL Project on the Harmonisation of Consumer Law in Europe and Latin America. The essays collected in the book, 40 years after the signing of the Luxembourg Convention, question a core of key issues for the supranational dimension of consumer law. Which model is the most appropriate for the harmonisation of consumer law? Which implications are inherent in the choice between ‘minimum’ and ‘full’ harmonisation? Which principles, rules and models fuel the common Euro-Latin American dialogue? Within the framework of the possible answers, the book underlines the interdisciplinary value of consumer law, increasingly called to deal with problems posed by the sharing economy, technological innovation and planned obsolescence, the environmental impact of consumer goods, the vulnerability of investor protection in financial markets and crowdfunding operations. The result is a work that underlines the specific role of comparative analysis in the measurement of problems between ‘local’ and ‘global’, as well as in the search of possible solutions suitable to facilitate the application of cross-border consumer’s rights.
Dez anosThe book proposes a survey on the effects that the new Brazilian Civil and Commercial Code of 2002 has had in the first decade of its implementation, with attention not only to the Brazilian legal science but also to the Latin American one. Many peculiarities of the private law are analysed under the critical lens of the Brazilian doctrine and jurisprudence, which are particularly careful to ensure a unitary reading of the law that examines the provisions of the Civil Code from a constitutionally oriented point of view. By a comparative point of view, the volume underlines how Brazilian civil law dialogues both with the civil law of other Latin-American Countries and with other legal experiences, such as the Italian one, which confirms itself as an assiduous interlocutor with the Countries of the New World.
Il modello giuridico - scientifico e legislativo - italiano fuori dell'EuropaProceedings of the II National Congress of SIRD (Siena, 2012). The contributions collected in this volume, by S. Lanni and P. Sirena (eds), deal with the investigation of the remarkable traces of links, connections and juridical waves which, starting from Italy, reach some legal experiences in the Middle East, Africa, North America, Latin America and Asia. The circulation of legal models is a fundamental chapter of comparative knowledge: This volume opens a current reflection on its peculiarities and epistemological potential also in the perspective of an increasingly globalized and interconnected world, pointing out new themes and problems to be investigated.
I diritti dei popoli indigeni in America LatinaThe volume deals with the complex issue of the ‘recognition’ of indigenous rights in Latin American legal experiences. The ‘right to indigenous land’, the ‘right to one’s own culture’, the ‘right to one’s own idea of development’ and many other indigenous rights, which have gradually been officially recognized by Constitutions and special national laws, call scholars for a detailed reflection on the current development of the Latin American System, where the ‘suma qamaña’ and ‘sumak kawsay’ become, rather than ethical-moral principles binding on a part of Latin American society, the common principles of a plural society. The need for interaction between ‘indigenous rights’ and the ‘rights of Latin American Republics’ requires the adoption of a renewed paradigm of civilization, even in order to prevent imperialism and economic miracle from fragmenting the unitary face of the so called ‘Patria Grande’.