The Italian Law Journal | ItaLJ

Early Access to Symposium on

INTERLEGALITY: EXPLORING ITS SCOPE AND RATIONALE' 

forthcoming in

7 THE ITALIAN LAW JOURNAL NO. 2 (2021)

 

 

Inter-Legality: On Interconnections and ‘External’ Sources

by G. Palombella

The development of legal governance interweaves a number of layers of legalities mutually exclusive and reluctant to partake in a global overarching and harmonising architecture. An array of legal ‘software’, self contained legal regimes pierce the veil of State systems. This article explains, also through a number of judicial cases at the Italian, European and International Courts, [...]

_____________________________

The Importance of Being A Case.
Collapsing of the Law upon the Case in Interlegal Situations

by A. di Martino

The article aims at delving into the concept of a concrete ‘case’ within the general framework of the theory of interlegality. The argumentation starts from the acknowledgment that it is not possible to identify in advance and in abstract terms the rule governing the case, and according to which it should be adjudicated: […]

_____________________________

Administrative Inter-Legality. A Hypothesis

by E. Chiti

The article discusses the possible relevance of inter-legality in the process of implementation of public policies. It opens by observing that inter-legality emerges, both as a situation and as a prescriptive criterion, not only in the context of judicial disputes, where it finds a highly fertile ground, but also in the policy cycle.[…]

_____________________________

From Conflictual to Coordinated Interlegality: The Green New Deals Within the Global Climate Change Regime

by G. Çapar

Climate change is one of the most wicked problems we have to deal with in the 21st century. No need to say, it is a problem of politics. The paper will first outline, taking a historical perspective, the institutional developments global climate change governance has been experiencing within the last two decades, with a particular focus on the contrast between Kyoto Protocol (KP) and Paris Agreement (PA) and their distinctive mode of governance. […]

_____________________________

Inter-Legality and Surveillance Technologies

by E. Sumeye Biber

On 19 May 2020, the German Federal Constitutional Court ruled that telecommunication surveillance of non-German individuals outside German territory violates the German Constitution. The reasoning of the Court entails a number of crucial questions both from the international and European human rights law perspective. […]

_____________________________

The ‘Two Suns’ of EU Digital Copyright Law: Reconciling Rightholders’ and Users’ Interests via Interlegality

by G. Priora

Copyright law is an emblematic example of the restless relationship between law and technology. The discipline fundamentally aims at striking a fair balance between the interests of copyright owners and users and, as the ongoing process of EU copyright reform demonstrates, digital technologies play a key role in pursuing this objective. […]