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Dear Readers, What occurs when the law is called upon to name and shape phenomena that have long remained at the margins of legal discourse? How do traditional legal categories succeed—or struggle—in making sense of increasingly complex and layered social transformations? The contributions collected in Volume 7, Issue 2 of the Trento Student Law Review engage precisely with this critical space. The reflections presented address highly topical issues, illuminating the persistent tension between violence, protection, and effective access to rights, as well as the role of institutions in recognizing, preventing, and responding to phenomena that are often underestimated or interpreted through categories that have become inadequate. Beneath these analyses lies the risk of selective protection, which may fail to ensure consistent and timely safeguards, raising profound questions about how law functions as a tool for recognition and inclusion. Without purporting to offer definitive answers, the articles in this issue contribute to a space of critical reflection—a central vocation of our journal. This is a space where law is not only an object of study but also a language, a continuous dialogue. Here, the Trento Student Law Review asserts its identity, valuing the plurality of perspectives and rigorous engagement among diverse viewpoints, all within the framework of scholarly rigor and academic discourse. Serving in a leadership role within a university law journal, even within its limited scope, has made me acutely aware that even spaces perceived as neutral are shaped by often invisible structures of power. At the same time, the collaborative work carried out with the Editorial Board and the entire editorial team has shown how such structures can be challenged through daily practices of cooperation, attentive listening, and mutual support. In this sense, our journal functions as a microcosm that, in its small way, seeks to contribute critically to legal discourse, demonstrating that scholarly work is never an individual endeavor but the product of a collective effort comprising editors, reviewers, visiting editors, and contributors. I wish to extend my sincere gratitude to all the authors who entrusted their work to our journal, to the reviewers who accompany us with expertise and generosity, and to every editor whose dedication makes this project possible. Special thanks go to the members of the Editorial Board for their commitment and shared responsibility in navigating the journal’s daily challenges. I would also like to express particular appreciation to our Vice Editor-in- Chief, Emily Miraglia, for her unwavering support, presence, and contributions that extend far beyond the publication of this issue—a testament to how building a scholarly community is nurtured through relationships founded on trust and collaboration. As I conclude my term, I offer my heartfelt best wishes to the new Editorial Board and, in particular, to the incoming Editor-in- Chief, Emil Trigolo. I encourage them to approach their roles with freedom to experiment, to look beyond established boundaries, and to embrace their own visions, so that the journal may continue to grow and evolve across generations. Every student community faces distinct challenges and complexities in its historical moment; my hope is that these are approached not as constraints imposed by the past, but as opportunities to advance the Trento Student Law Review in the spirit of continuity, trust, and openness. With the hope that this issue may inspire reflection, dialogue, and intellectual growth, I wish you an engaging and thought- provoking reading experience. Sincerely, Rossella Borella Editor-in-Chief
Copyright (c) 2025 Rossella Borella https://creativecommons.org/licenses/by-nc-sa/4.0
Di violenza di genere e di giustizia riparativa
Through the adoption of a critical perspective on the contemporary use of criminal law for educational purposes and on the legislature’s choice to provide a predominantly punitive response to the commission of an offense, the paper examines the phenomenon of gender-based violence and the newly introduced restorative justice. In the first paragraph, the issue of gender-based violence is explored through an analysis that begins with the first wave of the feminist movement and extends to the present day; in the second paragraph, the focus shifts to restorative justice, highlighting the forces that have favored its emergence and the main legislative choices made within Legislative Decree no. 150/2022, which established it in Italy. Only in the final pages of the paper are the two topics brought together, and an attempt is made to investigate the following question: is it desirable, as well as appropriate, that in Italy victims and persons identified as perpetrators of crimes that are expressions of gender-based violence be granted access to restorative justice programs as well? What are the implications? Editor’s note: The text was written prior to the promulgation of Law no. 181 of 2 December 2025, “Introduction of the crime of femicide and other legislative measures to combat violence against women and to protect victims.”
Copyright (c) 2025 Emma Traina https://creativecommons.org/licenses/by-nc-sa/4.0
The article examines Poland’s legislative response to the sudden influx of Ukrainian refugees, caused by the Russian invasion of the country, with a focus on the Special Act as an implementative tool of the Temporary Protection Directive. Through a longitudinal analysis, it analyzes the way in which the Polish legal framework adapted to said sudden arrival of refugees, with particular attention to mechanisms such as access to employment, social support, and broader integration. The overall aim of the work, by using a doctrinal legal analysis of both national legislation and EU directives, is to evaluate the effectiveness and limitations of the dual protection established by the Polish Special Act. While this latter provided rapid solutions to the crisis, it also revealed both structural gaps in long-term integration and a systematic deservingness-based approach in the acceptance and inclusion of migrants coming into the State territory.
Copyright (c) 2025 Marta Dziemianczuk https://creativecommons.org/licenses/by-nc-sa/4.0
Women’s suffering and resistance within the well-known patriarchal structure have existed since time immemorial. This will be demonstrated by starting from the concept of the victim from a broader perspective, touching on its meaning, the prejudices related to it, and the difficulties encountered by victims within the adversarial justice system, finally concluding with the need to seek help and the related challenges. An example of a victim is surely the woman within the above-mentioned structure, mainly because of the roles she is forced to perform. It is difficult for her to be coerced into being a virgin, which is a hurtful anatomical myth and a cage. Even more demanding is the role of motherhood, which is a source of joy for some, yet a burden. While maternity might be fulfilling, it still exposes women to significant physical, psychological, and social disadvantages. Enjoyment does not erase the structural costs imposed on women’s bodies and lives. Finally, what most call “sex work” – but is indeed brutal, non-consensual sex, thus rape – will be examined, and the legislative models used to regulate or tackle it will be considered, together with some unpopular critiques of the prostitution debate.
Copyright (c) 2025 Martina Persenico https://creativecommons.org/licenses/by-nc-sa/4.0
This article reflects on the phenomenon of domestic violence starting from the analysis of the recent judgement of the European Court of Human Rights (ECtHR) Scuderoni v. Italy, where the victim experienced a violation of the prohibition of ill–treatment and the right to respect for private life and correspondence, as established in Articles 3 and 8 of the European Convention on Human Rights, due to the inactivity of the Italian court which underestimated this problem. The analysis is then followed by a focus on the principal international conventions created to tackle gender – based violence and domestic violence, the Istanbul Convention and the European Convention on Human Rights, whose Articles 3 and 8 were violated by Italy. Ultimately, the phenomenon of domestic violence is analyzed from the Italian point of view, reporting data and measures that have been adopted to stop this form of violence. This is followed by a discussion on the delay of Italian authorities in recognizing domestic violence, the inadequacy of risk assessment to adopt preventive measures and to tackle the problem, with a consideration on the effectiveness of the investigations around the phenomenon of domestic violence.
Copyright (c) 2025 Maria Beatrice Neri https://creativecommons.org/licenses/by-nc-sa/4.0
Dear Readers, When one thinks of a university law journal, the mind often turns to an exclusively editorial project. Yet the Trento Student Law Review is, above all, a community. A reality in which every editor is also a member, and every member contributes—with their time, dedication, and ideas—to sustaining a structure that evolves day by day. Today, we are proud to present the first issue of Volume 7. This edition is the result of collective work that goes far beyond editorial activity. In recent months, our association has launched new initiatives that reflect the vitality of our project. One particularly meaningful milestone has been the launch of a new series of events, designed to build a concrete bridge between students and the professional world. The first event, focused on the impact of digital technologies on legal writing, inaugurated a dialogic format that emphasizes participation and mutual exchange. It was an intense and necessary moment, one that gave shape to a simple yet powerful idea: law is not learned solely through books, and legal education does not end in the classroom. Another important milestone was our participation, as an editorial board, in the conference held as part of the 2025 Doctoral School of the PhD Programme in Private Autonomy, Business, Labour, and the Protection of Rights in a European and International Perspective at Sapienza University of Rome. It was an honour to represent our journal in such a stimulating context, alongside other student-led law journals from across Italy. The exchange of experiences enriched us deeply, allowing us to reflect on our role within the academic landscape—as students who choose to actively engage in legal scholarship, bringing a critical and constructive perspective both within and beyond the editorial process. The contributions published in this issue address complex and pressing legal topics, offering diverse and thought-provoking viewpoints. Our editorial team—comprising dozens of internal editors, supported by external reviewers and visiting editors—has worked with its usual scholarly rigour to ensure the quality of each publication, fully aware that every article contributes to a broader dialogue between law, society, and culture. I would like to thank the authors who placed their trust in our journal, the reviewers who supported us with precision and generosity, and all the editors who make this project possible every day. A special thanks goes to the members of the board, who face daily challenges with teamwork and unwavering commitment, demonstrating how much they care about this shared endeavour. With the hope that this new issue may offer insights for reflection, dialogue, and growth, I wish you an inspiring read. Kind regards, Rossella Borella Editor-in-Chief
In Verrem: l’oratoria ciceroniana nel processo criminale romano
In Verrem, a collection of speeches written by Marcus Tullius Cicero in 70 BCE, represents a fundamental source for understanding criminal procedural law in the late Republican era. The work was composed in occasion of the criminal trial for extortion and corruption brought by the people of Sicilian province against the island’s former praetor, Gaius Verres. It consists of the speeches that Cicero, as the prosecutor of the case, was supposed to deliver during the trial. The Verrine Orations, beyond their historical value in the context of Roman criminal trials and the political and social framework of the late Republic, stand out for their dramatic and rhetorical vigor, representing one of the finest examples of Cicero’s ars rhetorica. This article, after a brief introduction to Cicero work, aims firstly to analyze and extract the historical-legal elements present in the text. Afterwards, it will address the stylistic aspects of the work, focusing on specific passages that highlight the rhetorical strategies employed by the author to captivate and persuade his audience. The purpose is to understand how and to what extent Cicero’s dialectical skills influenced the trial’s outcome and which oratorical techniques he employed to be so persuasive and achieve such a resounding success.
Copyright (c) 2025 Sara Manfredi https://creativecommons.org/licenses/by-nc-sa/4.0
Dai Delicta Imperii alle immunità internazionali
This study examines the relationship between the principle of jus cogens in international law and the concept of delicta imperii, with a particular focus on state immunity. The analysis begins by exploring the hierarchy of international norms, emphasizing how jus cogens, comprising non-derogable principles such as the prohibition of torture and war crimes, takes precedence over state jurisdictional immunities. Italian jurisprudence has progressively affirmed the primacy of fundamental rights over state immunity in cases involving serious violations of international law. The paper examines Italian Constitutional Court ruling 238/2014, which redefined the limits of state immunity in cases of war crimes and crimes against humanity, recognizing the possibility for national courts to assert jurisdiction over foreign states. This Italian approach contrasts with the stance of the International Court of Justice, which has reaffirmed the procedural nature of immunity, distinguishing it from liability for international crimes. Furthermore, the study explores the interaction between Italian constitutional law and international law, highlighting the role of Articles 10 and 11 of the Italian Constitution in Italy’s participation in international treaties. Finally, the German perspective on state immunities is analyzed, particularly the distinction between jure imperii and jure gestionis acts. The research concludes that, while traditional international law upholds state immunity, evolving case law suggests an increasing openness to the justiciability of international crimes, thus redefining the boundary between state sovereignty and human rights protection.
Copyright (c) 2025 Erika Valenzano https://creativecommons.org/licenses/by-nc-sa/4.0
Animals, aren’t we? The Gradualist Approach for Animal Rights
Among the most disputed issues in applied ethics, we are faced with the challenging relationship we entertain with nonhuman animals. There are obligations to which we must abide by, due to legislation, in our treatment of non-human animals; they mainly deal with a prohibition on cruelty and torture. When it is about moral obligations, so what an individual feels compelled to do, the discourse differs. Many leading philosophers in the field, such as Peter Singer, Tom Regan and Marta Nussbaum, have attempted to define a threshold, based on different criteria, for which animals are deserving of being objects of moral obligations. Whether based on a pre-existing condition, or built on a specific legal framework, such discourses often end up clashing with the difficulties of their pragmatic application. The treatment of nonhuman animals, considering scientific findings and a growing “animal-friendly” attitude, has become a top tier topic in the global political agenda. After a historical analysis, comprehensive of the role of science in the development of the Western-centric moral and legal positions, this paper suggests a blend of Marta Nussbaum’s Capabilities Approach and Francesco Allegri’s gradualism, to reach a gradualist approach based on the individual animals’ abilities.
Copyright (c) 2025 Diego Pasquale Morone https://creativecommons.org/licenses/by-nc-sa/4.0
This paper examines the legal and geopolitical complexities surrounding the rise of the Houthis in Yemen’s ongoing conflict. It provides a historical overview of the group’s evolution and assesses their classification under international law. The study explores the legal implications of the Houthis' actions, particularly in relation to the principles of State sovereignty, self-defense and the use of force against non-state actors. By analyzing international legal instruments such as the United Nations Charter, Geneva Conventions, and customary international law, this paper evaluates the legitimacy of force used by and against the Houthis. Special attention is given to the classification of their attacks on maritime vessels and whether these constitute acts of piracy or lawful engagements within a Non-International Armed Conflict (NIAC). The paper further investigates the role of key stakeholders, including Saudi Arabia and the United States in responding to Houthi actions and the broader implications for international security. Through a doctrinal legal research approach, supported by case law and scholarly analysis, the study provides insights into the evolving challenges of addressing non-state actors within the framework of international law. Ultimately, this paper aims to contribute to the ongoing discourse on state sovereignty, collective security, and the legal boundaries of self-defense in contemporary armed conflicts.
Copyright (c) 2025 Lucas Procopio Sant'Anna https://creativecommons.org/licenses/by-nc-sa/4.0
Dear Readers, Seven years ago, a bold idea took shape: a legal journal capable of combining academic depth with practical relevance, fostering open and informed discussion on crucial contemporary legal issues. Today, we proudly present the second issue of Volume 6. This edition not only marks the maturation of our project but also serves as a tangible example of how a vibrant and participatory academic community can enrich the international legal discourse. With thirty-three internal editors, supported by external reviewers and a talented array of authors, our journal continues to grow thanks to the collective commitment of all those involved in the editorial process. The three articles featured in this issue, while addressing distinct legal domains, share a common thread: the challenge of regulatory and technological complexity in modern law and the pressing need for balanced and innovative solutions to ensure a fair and effective legal system. The first contribution, "Automated Copyright Enforcement Online: How Platforms Stifle Creativity by Reducing Technological Cost" by Vitantonio Leuzzi, examines how automated copyright enforcement technologies, such as YouTube’s ContentID system, have transformed the landscape of copyright protection. This article highlights the legal and constitutional implications of these systems, emphasizing the delicate balance between protecting creators and safeguarding user freedoms. Leuzzi proposes solutions to ensure fairness and transparency in copyright enforcement within the digital context. The second article, "CCI v. Sector Regulators: Navigating Jurisdictional Ambiguities for Effective Resolution" by Hammad Siddiqui and Naman Pratap Singh, addresses the jurisdictional overlaps between the Competition Commission of India (CCI) and sector-specific regulatory authorities. By analyzing legislative ambiguities and judicial interpretations, the authors offer insights into fostering collaborative approaches among regulatory bodies to create a coherent and efficient legal framework that protects consumer interests and enhances market competitiveness. Finally, "Juveniles’ Neuronal Development and Criminal Justice: When Neurosciences Meet Criminal Law" by Nicolò Cappuccitti offers an innovative reflection on the impact of neuroscience on criminal justice policies for minors. Integrating scientific studies on neuronal development with key judicial rulings, such as Roper v. Simmons and Miller v. Alabama, the author demonstrates how recognizing diminished culpability in young offenders can positively influence Italian legal practices. Though these contributions may appear diverse, they share a common aim: to illuminate the gray areas of law where change is essential to confront the challenges of a rapidly evolving world. Each article exemplifies the crucial role of an interdisciplinary approach, combining legal analysis, technological advancements, and scientific insights to respond to modern complexities. Publishing legal scholarship is not merely an academic exercise; it is a responsibility toward society, an intellectual contribution that builds bridges between law and everyday life. Our mission is to continue fostering this vital dialogue, driven by a passion for law and the conviction that only open and informed discourse can guide legal progress. We extend our sincere gratitude to every reader and contributor for their trust and continued support: your dedication is the driving force that makes all of this possible. Wishing you a pleasant read, sincerly, Rossella Borella Editor-in-Chief
Juveniles Neuronal Development and Criminal Justice
This paper delves into the deepest and most relevant intersections between juveniles brain development and Criminal Law. It aims to understand and analyze current neuroscientific revelations pertaining to brain development in young adults, and how these same findings have impacted jurisdictions and legislations’ ways of handling the sentencing of younger individuals. Furthermore this article supports its arguments mainly on the basis of the most current and detailed neuroscientific research, focusing on the neuronal changes interesting adolescents’ brains, particularly focusing on the process of myelination, and the effects on behavioral patterns, such as an increase in explorative conducts and a generally diminished perception of danger. Key judicial rulings, such as the ones held in Roper v. Simmons (543 U.S. 551, 2005), Atkins v. Virginia (536 U.S. 304, 2002), and Miller v. Alabama (567 U.S. 460, 2012) are then examined to demonstrate how the U.S. judicial system has started to recognize the objectively diminished culpability in minors. Finally, the paper illustrates potential Italian Criminal Law flaws on the grounds of youth culpability via a comparative approach, moreover taking into account recent successful legislative innovations.
Copyright (c) 2025 Nicolò Cappuccitti https://creativecommons.org/licenses/by-nc-sa/4.0
This article examines the interplay between copyright law and emerging digital technologies, focusing on several key components: the constitutional basis of copyright law, the doctrine of fair use, secondary liability, the DMCA safe harbor provisions, and automated copyright enforcement technologies, particularly YouTube’s ContentID system. In Part I, the paper outlines these foundational elements. Part II builds upon this framework to analyze recent developments in online copyright enforcement, highlighting existing challenges and proposing potential solutions to improve the effectiveness and fairness of these enforcement mechanisms.
Copyright (c) 2025 Vitantonio Leuzzi https://creativecommons.org/licenses/by-nc-sa/4.0
The intersection of competition law and sector regulations often leads to jurisdictional overlaps, blurring the line between antitrust and sector regulation. This article delves into the complex landscape of jurisdictional conflicts between the Competition Commission of India (CCI) and sector-specific regulators in India’s regulatory framework. The paper meticulously examines the problems arising from these jurisdictional ambiguities, including forum shopping, legal uncertainty, and over-enforcement, which collectively harm consumer interests and undermine the efficiency of market regulation. The paper traces the roots of these conflicts to multiple sources, including ambiguous legislative provisions, inconsistent judicial interpretations, and the inherent challenges in delineating the boundaries between competition law and sector-specific regulations. In response to these challenges, the article proposes a multi-faceted approach to resolution. It advocates for enhanced cooperation between the CCI and sector regulators through mechanisms such as mandatory consultations, memorandums of understanding, and the establishment of dedicated working groups. The paper concludes by emphasizing the need for a harmonized approach that leverages the strengths of both the CCI and sector regulators to create a more coherent and effective regulatory framework in India.
Copyright (c) 2025 Naman Pratap Singh, Hammad Siddiqui https://creativecommons.org/licenses/by-nc-sa/4.0
Dear Readers, I am pleased to present to you Volume 6, Issue 1 of the Trento Student Law Review. This issue marks the beginning of the work of a new generation of editors, who, with great enthusiasm and following in the footsteps of their predecessors, are committed to continuing this ambitious project. I wish to express my gratitude to the previous generation of aspiring jurists for the passion and teachings they have imparted. Their commitment and dedication continue to be a source of inspiration and guidance for the future of the TSLR. The generational shift demonstrates the value and necessity of a legal journal like this, capable of addressing the most current and challenging issues of our time. The articles presented in this issue offer an in-depth view of critical topics, treated with academic rigor and innovative perspectives. The authors contribute with analyses aimed at stimulating debate and promoting a greater understanding of contemporary legal challenges. In particular, in the first essay, Setsen Kiyoutes explores the evolution and ambiguities of the crime of "Picking Quarrels and Provoking Trouble" in China, used to suppress dissent and limit freedom of expression. The second article analyzes Deferred Prosecution Agreements as legal instruments for companies to avoid full criminal liability. With a careful analysis, Mauro fragale and Valentina Grilli highlight the advantages and criticism of such agreements and propose legislative changes to improve their transparency and application. Subsequently, Beatrice Pattaro examines the transformation of mafia organizations in the technological era, focusing on how technology and new forms of communication make it more difficult to identify mafia activities. In the fourth essay, Enrico Zonta evaluates the Eu Directive proposal on Corporate Sustainable Due Diligence and its extraterritorial legal implications, questioning whether it represents a legitimate exercise of extraterritorial jurisdiction or an excessive intrusion into the sovereignty of other States. Finally, Camilla Mantese delves into the standard of Most- Favored-Nation Treatment in international investment law, analyzing its history, evolution, and role in promoting equal treatment between foreign and national investors. The Trento Student Law Review wishes to express its most sincere gratitude to the authors for their valuable contributions and for entrusting our editorial board, and to the University of Trento and our Faculty of Law for their continued support. To conclude, I extend my heartfelt thanks to the new board, all the editors and collaborators for their tireless work and dedication in making this publication possible. The collective commitment ensures that our journal continues to be a valuable source of legal knowledge and debate. I wish you a stimulating and fruitful reading experience. Sincerly, Rossella Borella Editor-in-Chief
Copyright (c) 2024 Rossella Borella https://creativecommons.org/licenses/by-nc-sa/4.0
The EU’s CSDDD: Lawful Extraterritoriality or Jurisdictional Overreach?
The European Union (EU), in the continuous effort to assert itself as a global regulatory power, is attempting to regulate Corporate Sustainability Due Diligence through a Directive proposed by the European Commission in February 2022 (CSDDD), and currently under consideration by the co-legislators. Such Proposal envisages obligations for both EU and non-EU companies falling under its personal scope to identify, mitigate, and bring to an end all adverse effects to human rights and sustainability arising out of the company’s own operations, its subsidiaries, and value chain regardless of the location, pending sanctions and civil liability in the EU. Given the far-reaching obligations regulating conduct abroad, it is essential to ascertain whether the EU is engaging in a lawful exertion of extraterritorial jurisdiction, or if the CSDDD Proposal would be too far of a jurisdictional encroachment into other States’ sovereignty. After reviewing the relevant triggers of application of the Directive both under international and EU law, it is submitted that the Proposed Directive does not appear to be manifestly violating international law, without prejudice to discussions on the current amendments in the course of the ordinary legislative process.
Copyright (c) 2024 Enrico Zonta https://creativecommons.org/licenses/by-nc-sa/4.0
Impunity for Sale: Are Deferred Prosecution Agreements a Way for Companies to Evade Liability?
Deferred Prosecution Agreements (DPAs) have emerged as a contentious legal instrument, as they allow corporations to negotiate their way out of criminal liability without facing the full weight of a trial. This paper aims to explore the inherent benefits of DPAs – such as the potential for corporate reform, cooperation with law enforcement, preservation of jobs, and economic stability – while highlighting the criticisms, including concerns about accountability, transparency, and the perception of impunity. This article argues that, when appropriately structured and administered, DPAs provide benefits that significantly outweigh their drawbacks, as they offer a practical and flexible solution for addressing corporate wrongdoing where traditional criminal prosecution may be impossible or excessively burdensome. Nevertheless, their current limitations call for legislative amendments aiming at achieving a fairer and more comprehensive legal framework. These changes should address issues such as ensuring transparency in DPA negotiations, establishing clear criteria for DPA eligibility, and enhancing judicial oversight.
Copyright (c) 2024 Mauro Fragale, Valentina Grilli https://creativecommons.org/licenses/by-nc-sa/4.0
The Most-Favored-Nation Treatment Standard
In this article, we will analyze the importance of the Most Favored Nation (MFN) treatment standard in the context of international investment law as an instrument to create equal competition between foreign investors. We will investigate the history of this standard, and the changes it underwent during different moments of history. Our aim, through this article, is to understand how this standard has supported the liberalization of world trade. In furtherance of the aim, we will analyze the connection between the two relative standards, the National Treatment Standard and the Most- Favored-Nation Treatment Standard, as they are both used to create an equal playing field among foreign investors, and between foreign and national investors. We will examine the most important MFN clauses in different investment law agreements and analyze their main components and differences, together with the exceptions and limits of some MFN clauses. We will then focus on some of the most important decisions regarding the possibility of extending a Tribunal’s jurisdiction through an MFN clause and shortening the waiting periods. Our aim through this article is to understand how this standard has supported the liberalization of world trade.
Copyright (c) 2024 Camilla Mantese https://creativecommons.org/licenses/by-nc-sa/4.0
A Comparative Study of the Legal Evolution and Cognate Offenses of “Picking Quarrels and Provoking Trouble”
In recent years, the discussion on “picking quarrels and provoking trouble” has become increasingly close in Chinese society and attracted the attention of legal scholars as well as deputies to the National People's Congress (NPC). Indeed, since 1997, when this offense was first criminalized in mainland China, it has been regulated and refined by the Amendment (VIII) to the Criminal Law of the People's Republic of China and also by several related judicial interpretations. However, its regulation is still ambiguous and open-ended, with its boundaries easily blurring with other crimes and leading the academia and social communities to believe that it has evolved into a new "pocket crime", frequently employed by a judiciary that lacks oversight, suppresses dissent and restricts freedom of expression. Therefore, it is crucial to study, from both legal and historical perspectives, analogous social control laws existing in mainland China across different periods and legal frameworks in order to reveal their social impact and pave the way for the establishment of the rule of law. In this direction, this paper adopts an empirical and comparative approach to the analysis of the legal evolution of “picking quarrels and provoking trouble”, starting from its legislative origins and background, while, on the other hand, focusing on the most controversial issues concerning this crime and the discussion on its survival or abolition.
Copyright (c) 2024 Setsen Kiyoutes https://creativecommons.org/licenses/by-nc-sa/4.0
Rivoluzione Silenziosa: le Mafie nell’Epoca High-Tech
Normally, mafia-style organized crime assumes, in our minds, a well-defined image given by the traditional representations that are still shown to us in films today. But is this still the case today? It is clear that things are changing, that it is increasingly difficult to see those classic forms of organized crime in a world so different from that of 40 years ago. This is because the mafias are differentiating, they are taking on different forms, they are increasingly transparent from a double point of view: it is difficult to trace their movements in the commission of those crimes that are part of a single criminal design, just as it is difficult to trace those classic forms of intimidation because the communications between members of the association, but also with outsiders, they are different. This transparency can only be explained in one way: technology, new forms of communication, have pushed this change to the point of leading the mafias to conform to our behavior. What makes criminal activity go unnoticed are the increasing difficulties in differentiating the behaviors that are now considered habitual and those that, on the other hand, are typical behaviors of mafia associations. It is now clear that a change, a turning point, a moment of reflection is absolutely necessary to be able to look beyond what we are used to doing.
Copyright (c) 2024 Beatrice Pattaro https://creativecommons.org/licenses/by-nc-sa/4.0
A comparative review of the regulation of Islamic banking and finance in Indonesia, Nigeria and the United Kingdom
This study examines the nuances of the regulation of Islamic banking and finance in Nigeria, the UK, and Indonesian jurisdictions, addressing the challenges and prospects for these legal systems and/or economies. The research adopts a qualitative methodology, drawing theory from a vast trove of literature from authors on the African, Asian, and European continents. The basis for bringing this topic into discussion revolves around the undeniable significance that Islamic finance now has in certain parts of the world. Islamic banking dominates the worldwide Islamic finance industry, representing 80% of Islamic finance assets. There is growing concern for the subpar usage of the practice in certain jurisdictions. Most literature does not question this need, perhaps due to the general acceptance of the conventional banking system worldwide. Previous research works are yet to undertake a comparative assessment of the usage of Islamic banking and finance practices among jurisdictions, spanning representative nations from diverse regions and continents, thus occasioning a gap in the literature. This article discusses the legal and regulatory provisions earmarking the practice of Islamic banking and finance in the jurisdictions using available literature. While each jurisdiction recognizes the practice of Islamic finance, those in Indonesia and, to a good extent, the UK, have richer provisions for its development. Thus, while taking cognizance of the social-cultural contexts, a critical assessment of the regulatory mechanisms in Nigeria is carried out against the background provided by the Indonesian and English legal systems. It is found that for there to be a robust appropriation of the practice in the jurisdictions, especially Nigeria, a forward-looking system must be adopted.
Copyright (c) 2023 Paul Elebute https://creativecommons.org/licenses/by-nc-sa/4.0
Il Record of Meeting concluso tra la Cina Continen- tale e Hong Kong S.A.R.: luci ed ombre dell'accordo attraverso una comparazione con il Regolamento (UE) n. 848/2015
L'articolo intende fornire una disamina analitica sulla disci- plina del mutuo riconoscimento delle procedure d'insolvenza tra Cina Continentale e Hong Kong S.A.R. In apertura, l'autrice ripercorre quanto verificatosi nella Repubblica Popolare Cinese fino al 2021. A prevalere era, infatti, l'atteggiamento della Cina Continentale, da sempre restia al rico- noscimento delle procedure d'insolvenza aperte nel territorio di Hong Kong. L'impasse termina il 14 maggio 2021 quando le parti addivengo- no ad un accordo: il cd. Record of Meeting. Quest'ultimo rappresenta il primordiale tassello di un mosaico tuttora in fieri. A seguito di una sin- tetica analisi condotta sulla fonte prescelta dalle parti, l'autrice analizza i principali contenuti dell'accordo mediante una comparazione con il Reg. (UE) n.848/2015. La scelta non è casuale, dal momento che, nelle pagine che seguono, si evince come il richiamato regolamento rappresenta l'ar- chetipo a cui ambire, ma anche una bussola capace di dettare la via. In conclusione, si evidenziano le lacune del Record of Meeting e delle fonti ad esso annesse e, al contempo, si tenta di descrivere lo scenario futuro in materia di insolvenza transfrontaliera tra il maggior rivale degli Stati Uniti d'America, la Cina Continentale e Hong Kong, il terzo centro fi- nanziario a livello internazionale.
Copyright (c) 2023 Marta Cirillo Cirillo https://creativecommons.org/licenses/by-nc-sa/4.0
Transitional Justice, Complementarity, and How the Colombian Case Affected the Notion of "Justice" inside the ICC System
The rules governing the power of the International Criminal Court resort to a blurred concept such as that of "justice". Moreover, this problem is compounded by the fragile balance on which transitio- nal justice processes rest, particularly those in which it is accepted that the criminal sanction may be turned down in favor of the protection of higher interests. The outcome of this framework in a concrete case like the Colombian one could not have been any different than what it has been: almost twenty years of preliminary examination, a civil war that is not over yet, and much uncertainty. This article is an attempt to demon- strate how the combination of transitional and restorative justice is not only well possible but also compatible with the Rome Statute system. The norms of the ICC statute, both national and international case laws, and doctrinal interpretations all together show that if justice does not have a proper definition, it is thus able to acquire several different meanings, one of them being a system that does not pay tribute to the past but to the re- construction of the future. The validity of the theoretical reconstruction is strengthened by the Colombian case and its historical, political, and le- gal aspects. The quest for peace has been conducted through instruments like amnesties and reduced sanctions, showing that this is a possible path. The silence more than the words of the International Criminal Court contributed to this answer: transitional processes that do not have at their core a retributive vision, even excluding criminal sanctions, are compati- ble with the Rome Statute.
Copyright (c) 2023 Giuseppe Cardone https://creativecommons.org/licenses/by-nc-sa/4.0
Freedom of the Press during COVID-19 Pandemic: a Comparative Overview
The emergence of the COVID-19 pandemic hindered the maintenance of stability in many fields, including the working environment of the media sector. Therefore, the UN Human Rights Committee and the Council of Europe issued several guidelines and informative documents to ensure press freedom and the significance of the media's work during the period of the coronavirus crisis. Ac- cordingly, this article applies a comparative analyzing method to ob- serve compliance with international standards in the chosen jurisdic- tions. Firstly, several cases between media workers and governmental agencies in Northern Europe countries are reviewed from the human rights perspective. Subsequently, the governmental bills and amend- ments to Hungarian and Russian laws are commented on through an interpretative lens. Finally, challenges brought by the new standards and regulatory norms are assessed on grounds of the protection of health and public safety. The same approach is followed in Azerbaijan's legal framework, where specific amendments have been introduced to both the Code of Administrative Offenses and the Criminal Code. These amend- ments explicitly prohibit the dissemination of disinformation during emergencies, especially when it poses a real and imminent threat to the life and health of individuals. Furthermore, corresponding legal provisions have been analyzed, outlining sanctions such as admin- istrative imprisonment or deprivation of freedom in the respective codes. In the end, guided by the global standards of international and regional human rights organizations, recommendations are indicated for developing a legal policy against disinformation.
Copyright (c) 2023 Akram Alasgarov https://creativecommons.org/licenses/by-nc-sa/4.0
Capturing Killer Acquisitions in Digital Markets under the European Union Merger Control Rules
A few years ago, a novel development identified as "Killer Acqui- sitions" surfaced within the domain of EU Merger Control: incumbent undertakings were under suspicion of acquiring promising startups with the intent of eliminating prospective market competitors. Big Tech companies in digital markets are among the usual suspects in this kind of transaction. While this strategy can surely serve to cement incumbent platforms' dominant position in the digital markets, the issue resides in the impracticability of capturing these acquisitions within the framework of EU Merger Control regulations due to the impossibility of complying with the stipulated threshold requirements which respectively brought about the enhancement of the European Commission's toolbox. This paper will display the options to carry out those amendments and what options were opted for. It will address whether the proposed methodo- logies for addressing killer acquisitions represent viable solutions to the issue. This paper aims to clarify the challenges faced by digital platforms engaged in business operations and strategic merger and acquisition plan- ning within the European Union. This work's focus is also on elucidating the challenges that digital platforms engaged in business operations and mergers and acquisitions within the EU may confront.
Copyright (c) 2023 Amil Jafarguliyev https://creativecommons.org/licenses/by-nc-sa/4.0
Dear readers, it is my pleasure to introduce you to the latest issue of the Trento Student Law Review. Yet again, the articles we host provide fresh insights and perspectives on current legal issues, which are of great importance not only to the academic community but also to practitioners. Overall, this volume covers a range of topics relevant to contemporary legal issues, including constitutional populism, online content moderation, tax ruling cases, and land use rights in China. Each article contributes to a deeper understanding of the complex legal landscape in a globalized world. The first essay, titled Criminal and Constitutional Populism Under the Aristotelian Framework by Giacomo Cotti, examines the modern phenomenon of constitutional populism using Aristotle's theory of justice. Cotti argues that Aristotle's account of justice cannot be separated from politics and virtues, and that this framework is particularly useful for assessing the perceived deviant constitution of democracy. Through an assessment of the fields of constitutional and criminal law, Cotti demonstrates how Aristotle's theories can provide valuable insights into the modern phenomenon of constitutional populism. Next, we have Content Moderation: How the EU and the U.S. Approach Striking a Balance between Protecting Free Speech and Protecting Public Interest by Rrita Rexhepi, which explores the issue of content moderation, which is becoming increasingly relevant in the era of politicization and social media. Rexhepi examines how content sharing is regulated in both the EU and the U.S., identifying the benefits and shortcomings of both approaches. While both regions have taken steps to regulate online content, significant differences exist in their approaches. Rexhepi recommends potential solutions to the difficulties that both regions face in regulating online content, including regulating platform transparency, increasing accountability, and establishing oversight bodies. The third article, Recovery of Fiscal State Aid in Tax Ruling Cases and Principles of Legitimate Expectations and Legal Certainty by Amil Jafarguliyev, discusses the application of legitimate expectations and legal certainty principles against recovery orders in tax ruling cases. Jafarguliyev examines how these principles should be applied when dealing with novel and unpredictable interpretations of European Union State Aid rules, using examples from the Apple, Fiat, and Starbucks tax ruling cases. The article argues that legitimate expectations and legal certainty principles should not be applied in a restrictive way when considering the recovery of fiscal state aid. Last but not least, we have The Right to use Land in China: an Instrument of Economic Development? by Camilla Mantese, an article that provides an in-depth review of land use rights in China. The article compares the similarities and differences between land use rights in China and in the Western World, with a specific focus on Italy. Mantese discusses how the land use system evolved historically and analyzes the role of land leasing and land conversion. The article also explores the role of the courts in balancing socialist ideals and capitalistic needs through some decisions on different aspects of the right to use land. The Editorial board would like to express its gratitude to the authors who have contributed their scholarship to this volume: we hope that these articles will encourage further discussion and research in the field of law and that they will provide valuable insights to practitioners and academics. The Trento Student Law Review is also grateful to our University of Trento, the Scientific Publications Office, TESeO - Trento Editions Service for Open science and our Trento Law School for their enduring support, which made the publication of this volume possible. In conclusion, I would like to thank Vice Editor-in-Chief Emma Castellin, the entire editorial team, visiting editors, and collaborators for their commitment and hard work in producing this issue. Thanks to your dedication and passion, the Trento Student Law Review continues to be a source of innovative and high-quality legal research. Faithfully yours, Matteo Maurizi Enrici Editor-in-Chief
Copyright (c) 2023 Matteo Maurizi Enrici https://creativecommons.org/licenses/by-nc-sa/4.0
Content Moderation: How the EU and the U.S. Approach Striking a Balance between Protecting Free Speech and Protecting Public Interest
The topic of content moderation is becoming increasingly relevant, as we are in an era of acute politicization and social media are now used to achieve political goals . This means that regulation is necessary to preserve democratic standards and simultaneously encourage a healthy online environment. This article aims at analyzing and comparing how content sharing is regulated respectively in the EU and U.S. and at identifying the benefits and shortcomings of both methods. It does so by using information from government agencies, social media companies, and specific cases which reflect the policies in both regions. It is evident that while both the U.S. and the EU have taken steps to regulate online content, there are significant differences. The EU chooses a more centralized approach and values the protection of users and public interest, whilst the U.S. adopts a more decentralized approach and tends to opt for the protection of free speech. Lack of transparency, over-removal, under-removal, and vague social media standards are the difficulties that both the EU and the U.S. face in regulating online content. This article recommends potential answers to these problems, including regulating platform transparency, increasing accountability, and establishing oversight bodies. Moreover, platforms are encouraged to invest in their content moderation policies by using higher-level means of finding and removing harmful content.
Copyright (c) 2023 Rrita Rexhepi https://creativecommons.org/licenses/by-nc-sa/4.0
The Right to use Land in China: an Instrument of Economic Development?
This article aims to give an in-depth review of land use rights in China, comparing the similarities and differences between land use rights in China and in the Western World, with an eye specifically on Italy. From a historical perspective, we will try to understand how the entire system evolved to the point in which it is today. We will discuss land leasing as a form for cities and local governments to have a steady source of revenue genuinely within their control and the process of land conversion. We will analyze how the land use system became a sort of zoning arrangement for China. We will see what is the role of the courts in this delicate system, that balances socialist ideals and capitalistic needs, through some decisions on different aspects of the right to use land. We will try, even though it is most surely impossible, to give a complete analysis of the matter through the lenses of the comparative jurist. We will touch on some economic and financial aspects of the land use right.
Copyright (c) 2023 Camilla Mantese https://creativecommons.org/licenses/by-nc-sa/4.0
Recovery of Fiscal State Aid in Tax Ruling Cases and Principles of Legitimate Expectations and Legal Certainty
This paper will shed a light on the application of legitimate expectations and legal certainty principles against recovery orders in tax ruling cases. Between 2014 and 2022, the European Commission's investigations and the decisions following these investigations in some member states' tax ruling practices caused a massive boom in European Union State Aid law literature. Apple, Fiat, and Starbucks cases are among the main scenarios in that storyline. Recoveries of fiscal state aid were ordered as unpaid taxes for up to ten years in the past in these cases. To illustrate, the recovery order was 13 billion euros for Apple and around 20-30 million euros for Fiat and Starbucks decisions. Most interestingly, pleading general principles of European Union law such as legitimate expectations and legal certainty principles against recovery orders did not succeed in opposing the estimations. Therefore, this paper will try to address the application of legitimate expectations and legal certainty principles against recovery orders. The main focus will be how these principles should be applied when it deals with the novel and unpredictable interpretations of European Union State Aid rules. To this end, the clear examples from the Apple, Fiat, and Starbucks tax ruling cases will be drawn. This paper will argue that legitimate expectations and legal certainty principles should not be applied in a restrictive way.
It is with great pride that I write these words to introduce Volume 4 Number 2 of the Trento Student Law Review. It is satisfaction for a job well done, gratitude for a cohesive and prepared team, and for articles that are - each in its own area of legal scholarship - of great actuality. Hence, the Trento Student Law Review aspires, once again, to make a modest contribution to the academic debate, bringing issues approached with a critical perspective to the attention of our readers. Opening this volume is an article that focuses on one of the current geopolitical hotspots - the Taiwan Strait - and the legislative tools employed by the People's Republic of China in the fight over Taiwanese independence and sovereignty. The one China principle and its legal consequences, domestically and abroad: the disputed control over Taiwan and the anti-secession law. Much Ado about Nothing? investigates international law principles of state sovereignty and both the debates, public and academic, around the existence of the Republic of China (Taiwan). In The encryption paradox: fostering security by threatening security the focus will be on the tension between encryption as a tool to safeguard free information and the right to privacy in digital communications on the one hand, and public safety and national security requirements on the other. The author will examine how other fields are impacted by encryption: possible balancing of interests and viable solutions to resolve the contrast are presented. Another source of friction, this time between cornerstone principles of criminal law and police investigative techniques, is explored in the article Sting operations and entrapment defense in corruption behaviors. A systematic analysis between Italy, Europe, and the United States. This article develops a transnational comparison of the law enforcement activity of the agent provocateur - characteristically a U.S. phenomenon - and the Italian criminal justice system, while the relevant principles of the European Charter of Human Rights are enriched by a historical and in-depth jurisprudential analysis of the subject. Also in the field of criminal law, approaching different legal systems from a comparative perspective, is another balancing of interests. Christian sermons and the law of defamation in Cameroon: A common law approach sets out to investigate freedom of speech and religious freedom when they come into tension with the individual right not to harm one's dignity or reputation. Cameroonian criminal law protecting honor and common law judicial precedents are read through a comparative prism. What better time to reflect on the notion and tools of transitional justice than at a time when a divisive and wrenching war between two nations and two peoples is shedding blood on the borders of Europe? Thus in Are Top-down Approaches of Transitional Justice Enough to Deliver Justice? a perspective different from the traditional one on transitional justice is depicted: one where transition is promoted from below. This is how our editorial operation engages with the legal literature panorama, while at the same time allowing us young jurists to hone skills in editing legal texts, legal texts which deal with frontier issues. A combination that allows us to individually challenge our skills and attention to detail, directly shaping the continued growth and evolution of the editorial work of this Law Review. In conclusion, we owe a mention of gratitude to Professor Fulvio Cortese, to whom we express our high regard and admiration for his service as Dean, but also for the constant help and support he has always given to this publication during his tenure. We would also like to wish every success to Professor Paolo Carta, who took up the baton from Professor Cortese at the helm of our Law School: ad maiora! Finally, I would like to thank my Vice Editor-in-Chief, Emma Castellin, for patiently supporting me in this round of proceedings, and to the Trento Student Law Review team, without whose vital work this volume would not have been possible.
Copyright (c) 2022 Matteo Maurizi Enrici https://creativecommons.org/licenses/by-nc-sa/4.0