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La comunità interpretativa nell'applicazione del diritto
In: Recta ratio., 3. ser. 20
The United Nations "Protect, Respect and Remedy" Framework on Transnational Corporations and Human Rights: On a Pitfall of a Reductionist Approach
In: Politeia. Notizie di Politeia, Volume 28, Issue 106, p. 180-190
ISSN: 1128-2401
Pluralismo, democrazia limitata e democrazia costituzionale
In: Politeia. Notizie di Politeia, Volume 28, Issue 107, p. 144-150
ISSN: 1128-2401
Soft Law and Transnational Corporations' 'Power': Framing the accountability for human rights
In: Politeia. Notizie di Politeia, Volume 27, Issue 103, p. 123-135
ISSN: 1128-2401
International Soft Law, Human Rights and Non-state Actors: Towards the Accountability of Transnational Corporations?
In: Human rights review: HRR, Volume 10, Issue 2, p. 139-155
ISSN: 1874-6306
During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be a proper path to enforce the legal accountability of transnational corporations for human rights. It will be argued that the interplay between law and ethics should be assessed differently depending on which kind of correlative duty is at stake. With regard to negative duties, soft law tools concerning TNCs' conduct may weaken the impact of hard law. By contrast, when positive duties are concerned, insofar as the horizontal effect of rights cannot be assumed, soft law turns out to be much more useful. Adapted from the source document.
NOVELTY OR DISGUISE? REGULATION AND POLICY MAKING IN NANOTECHNOLOGY: NANOTECHNOLOGY AND REGULATION; Regulating Nanotechnologies: Towards the Interplay of Hard and Soft Law
In: Politeia. Notizie di Politeia, Volume 25, Issue 94, p. 29-40
ISSN: 1128-2401
International Soft Law, Human Rights and Non-state Actors: Towards the Accountability of Transnational Corporations?
In: Human rights review: HRR, Volume 10, Issue 2, p. 139-155
ISSN: 1874-6306
NOTA CRITICA: La giustificazione delle istituzioni ta democrazia e costituzionalismo
In: Teoria politica: Theory of politics = Teoría politica, Volume 20, Issue 2, p. 137-150
ISSN: 0394-1248
Ermeneutica e positività del diritto: studi in onore di Giuseppe Zaccaria
In: Biblioteca di testi e studi 1246
RRI as a governance paradigm: What is new?
This chapter frames RRI as an emerging governance approach in the EU regulatory context. We argue that reference to fundamental rights makes RRI a distinctive approach to responsibility compared to other existing paradigms and that human rights, in particular those laid down in the Charter of Fundamental Rights of the European Union, are not necessarily a constraint but can instead be a catalyst of innovation. Eventually we maintain that a governance framework based on the complementarity between legal norms and voluntary commitments might successfully combine the respect of fundamental rights with the openness and flexibility of the innovation process.
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