venerdì 21 dicembre 2012

Fall Seminar Trento Presentation of my last book

Here you can find the video of the presentation of my latest book (in Italian), kindly organized by the University of Trento (speakers: Prof. Roberto Toniatti, Prof. Raffaele Bifulco, Dr. Marco Dani and Peppone Martinico):

Garcia Pelayo Research Seminars

the programme of the GP seminars (law and political science) to be held at the Centro de Estudios Politicos y Constitucionales, Madrid:

Southern Europe in trouble

from the IAI website an interesting paper on the financial crisis in Southern Europe

My post for the MWP newsletter

on federalism and the EU integration process:

4th edition of eJournal "Cuadernos Manuel Giménez Abad"

You can find the 4th edition of eJournal "Cuadernos Manuel Giménez Abad (full text) at the following URL:

Weiler on Catalonian Independence

from EJIL talk,

full text available at:

Special Mini-Issue 2, Vol.16 (2012) 'Beyond Euro-skepticism: Understanding attitudes towards the EU'

Special Mini-Issue 2, Vol.16 (2012) 'Beyond Euro-skepticism: Understanding attitudes towards the EU'

Laurie Beaudonnet and Danilo Di Mauro (eds): 'Beyond Euro-skepticism: Understanding attitudes towards the EU',
European Integration online Papers (EIoP), Special Mini-Issue 2, Vol. 16 (2012).
Full text available here:

sabato 8 dicembre 2012

Video: conference "Coping with the Financial Crisis in the EU: Challenges & Dangers"

Coping with the Financial Crisis in the EU: Challenges & Dangers

University of Trento, June 7 2012

video available here:

The Security Council as a Legal Hegemon

Daniel Joyner 

University of Alabama - School of Law


Georgetown Journal of International Law, Vol. 43, p. 225, 2012
U of Alabama Legal Studies Research Paper No. 2182257 

This article will examine the United Nations Security Council’s efforts to implement, preserve, and universalize the obligations of the 1968 Nuclear Nonproliferation Treaty. This discussion will lead to questions regarding the Security Council’s role and authority in the international legal system, and ultimately to a consideration of how the international legal system can better guarantee that the Security Council does not exercise an unwarranted degree of legal power at the expense of the member states of the United Nations.
Number of Pages in PDF File: 34
Keywords: international law, arms control, nuclear, non-proliferation

Full text available at:

Subsidiarity in the Tradition of Catholic Social Doctrine

Patrick McKinley Brennan 

Villanova University School of Law

November 2012

Subsidiarity in Comparative Perspective, Michelle Evans and Augusto Zimmermann, eds., Springer, Forthcoming 
Villanova Law/Public Policy Research Paper No. 2013-3008 

This chapter is an invited contribution to the first English-language comparative study of subsidiarity, M. Evans and A. Zimmerman (eds.), Subsidiarity in Comparative Perspective (forthcoming Springer, 2013). The concept of subsidiarity does work in many and varied legal contexts today, but the concept originated in Catholic social doctrine. The Catholic understanding of subsidiarity (or subsidiary function) is the subject of this chapter. Subsidiarity is often described as a norm calling for the devolution of power or for performing social functions at the lowest possible level. In Catholic social doctrine, it is neither. Subsidiarity is the fixed and immovable ontological principle according to which the common good is to be achieved through a plurality of social forms. Subsidiarity is derivative of social justice, a recognition that societies other than the state constitute unities of order, possessing genuine authority, which which are to be respected and, when necessary, aided. Subsidiarity is not a policy preference for checking power with power. This chapter traces the emergence of the principle of subsidiarity to the neo-Scholastic revival that contributed to the Church's defense against the French Revolution's onslaught aimed at eliminating societies other than the state. The concept of subsidiarity has implications for the present, changing socio-political landscape in the United States as the Church faces a state that is poised to compel the Church to violate the moral law.
Number of Pages in PDF File: 20
Keywords: subsidiarity, social justice, common good, solidarity, state, society, sovereignty, service, Catholic social doctrine

Full text available at:

Courts as Global Regulators? The Judicial Regulation in the GAL Perspective

Elisa D'Alterio 

University of Catania - Faculty of Law

June 1, 2012

Robert Schuman Centre for Advanced Studies (RSCAS) - Global Governance Programme - Policy Papers 2012/04, Global Administrative Law: An Italian Perspective 

The present paper analyses the practice of courts to apply particular techniques (so called “doctrines”) in order to regulate the relations between legal systems in the global administrative space, due to the lack or insufficiency of codified parameters regulating those relations.

In particular, the paper aims to answer the following questions: which is the function implemented by courts when they apply doctrines? In which measure does the application of doctrines affect the development of Gal? The main objective is to demonstrate that the application of doctrines embodies a “regulatory function” of courts, which strongly affects the development of Gal. Such an objective suggests how this paper is organized. After a brief introduction (section 1), section 2 investigates the definition of “judicial regulation” and, in particular, analyses its development in the global administrative space. In section 3, the need to demonstrate how doctrines may represent a form of judicial regulation calls for an analysis of data relating to their application. This section takes into account two significant cases singled out according to the use of some relevant doctrines by ultra-state courts to solve contrasts between systems belonging to different legal levels. Section 4 analyses the object and the main features of doctrines applied in the cases mentioned in section 3, by identifying differences from conflict of laws rules, and by highlighting their regulatory function. In the light of such a result, section 5 identifies some effects deriving from the regulatory function of courts, mainly with regard to the development of Gal.
Number of Pages in PDF File: 11
Keywords: courts, global administrative law, legal systems, doctrines, global law, global order, global space, legal relations

Law-Making by Scholars

Jörg Kammerhofer 

University of Freiburg - Faculty of Law


Catherine Brölmann, Yannick Radi (eds), Research Handbook on the Theory and Practice of International Law‐Making (Cheltenham: Edward Elgar 2013), Forthcoming 

Scholars cannot make law, just as little as lepidopterologists can ‘make’ butterflies. If they do so, they cease to be scholars and become legislators. This, however, is neither universally accepted nor can it stand as an unqualified statement. Even legal positivists realise that scholars appear to have a uniquely influential position in the ‘process’ of (international) law-making.There are two categorically different ways in which we can study the influence of scholars on international law-making: on the one hand, the factual or empirical influence of scholarship, palpable both in municipal and international contexts; on the other hand, there is the question of the specifically normativist view-point: how and where, if applicable, are legal scholars empowered by the law to contribute to the making of new law. Neither is better than the other and neither is more ‘worthy’, but neither should be admixed with the other.

This chapter first deals with the standard entry-point of legal scholarship to questions of international law-making: Article 38(1)(d) of the ICJ Statute. Section 2 will elucidate the role that scholars play ‘as subsidiary means for the determination of rules of law’. It will, however, primarily show the various restrictions of that subparagraph, in terms of the restricted usefulness of a lex arbitri for elucidating the wider theoretical question beyond the Court’s remit. Section 3 will discuss the sources (hierarchy) of law as the conceptual basis for the distinction between law-making and non-law making factors on a normativist account. It will also warn against the danger and show the problems that manifest themselves when different methods are admixed. Section 4 will turn to give a brief account of the sociological view on what factors influence international law-making, whether scholar-ship is part of that and what the restrictions are on such a view.
Number of Pages in PDF File: 16
Keywords: International Court of Justice, Article 38(1)(d) ICJ Statute, empirical studies, International legal scholarship, sources of law, lex arbitri, role of scholars, law-making

Impact Assessment of EU Non-Legislative Rulemaking: The Missing Link of 'New' Comitology

Alberto Alemanno 

HEC Paris - Law Department

Anne Meuwese 

Tilburg University

November 29, 2012

European Law Journal, Vol. 19, No. 1, January 2013 

Impact assessment (IA) has gone from an innocuous technical tool typically used in the pre-legislative phase to an instrument at the heart of the European institutional machinery. However – in deviation from its roots as a tool governing delegated rulemaking in the US – most experience with IA in the EU has been gathered in a legislative context. Against the background of the recent evolution of the EU’s old ‘comitology’ system into a two-track system of delegated acts and implementing measures, this contribution discusses in three parts the ‘whys’, ‘whats’ and ‘hows’ of extending IA to ‘non-legislative rulemaking’. It explores various aspects of the rulemaking process which IA – if properly applied – could strengthen: consultation, control and quality.
Number of Pages in PDF File: 27
Keywords: EU law, Rulemaking, delegated acts, implementing measures, Better Regulation, Regulatory oversight, Judicial Review, EU Courts

Alemanno and Bonadio on Plain Packaging of Cigarettes Under EU Law

Plain Packaging of Cigarettes Under EU Law

Alberto Alemanno 

HEC Paris - Law Department

Enrico Bonadio 

City University London - The City Law School; City University London


Chapter in Andrew Mitchell, Tania Voon and Jonathan Liberman (eds.), "Public Health and Plain Packaging of Cigarettes: Legal Issues" (Edward Elgar, UK, 2012) 

Following Australia’s move towards mandatory ‘plain packaging’ of cigarettes, also the European Union is considering to adopt a similar tobacco control policy pending the ongoing revision of its tobacco products directive. This chapter provides a first-time detailed examination of the legality of plain packaging of cigarettes under EU law by exploring how such a policy might fare in the EU political and legal context. Although the analysis predominantly focuses on the adoption of a EU-wide plain packaging scheme, it also discusses the legal implications stemming from the more likely adoption of similar schemes at the national level. In the absence of a draft proposal by the EU Commission, which is expected in early 2013, the analysis is largely speculative and takes as a point of reference the scheme of plain packaging recently adopted in Australia . In particular the analysis focuses on the EU competence to enact plain packaging (‘legal basis’) as well as on its compatibility with the proportionality principle, trademark regime and fundamental rights.
Number of Pages in PDF File: 18
Keywords: Risk regulation, Tobacco, plain packaging,TRIPS, WTO, FCTC