Opinio Juris in Comparatione

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Opinio Juris in Comparatione is an electronic full open access journal devoted to “Studies in Comparative and National Law”. It aims at enhancing the dialogue among all legal traditions in a broad sense e.g.:

  1. in a cultural sense in order to increase legal knowledge and to promote circulation of (and competition between) models and legal transplants;

  2. in a more policy perspective, in order to harmonize, when possible/feasible, substantive (or procedural) civil law or private international law rules having regard to the different 'legal formants'.

Its international character, the fully anonymous peer review process and its openness to publication in several languages are among its challenging features. Finally, it offers an on-line discussion arena where comparative law experts may debate, similar to that experienced by the classic comparative law journals.

Yet, Opinio Juris will not desert exploring national and european law. The aim of diffusing contributions on national law as well, is to expand access to foreign legal materials and ideas to those who do not already have access to the traditional avenues (such as journals in the language of the explored legal system).

Opinio Juris in Comparatione has been included by the National Agency for the Evaluation of University and Research (ANVUR) in the list of the highest Italian ranking for Scientific Law Journals (Classe A) for the following areas: Private Law, Comparative Law, International and EU Law.





The Role of the GDPR in Designing the European Strategy on Artificial Intelligence: Law-Making Potentialities of a Recurrent Synecdoche
Denise Amram

Starting from an analysis of the EU Reg. n. 2016/679 on General Data Protection Regulation (GDPR), the Author deals with the opportunity to translate the current strategies on Artificial Intelligence into a possible general risk-based framework that combines hard and soft law instruments with the practical needs emerging in different sectors where AI technologies find application (i.e. healthcare, industrial innovation and robotics, workplace, etc.). This analysis allows the Author to provide a notion of “AI Controller”, whose main roles, responsibilities, and obligations are listed in a “General AI Regulation” proposal, illustrated in the last paragraphs.

See full text article here: http://www.opiniojurisincomparatione.org/opinio/article/view/145


The democracy of emergency at the time of the coronavirus: the virtues of privacy

Giovanni Comandé, Denise Amram, Gianclaudio Malgieri

The emergency of the Coronavirus imposes a cultural debate on the balancing of rights, freedoms and social responsibilities, finalized to the protection of individual and collective health.
So much and rightly has been written in these days about strategic errors of the past, and authoritarian and social control risks exploiting the fear of contagion to further compress individual freedoms. A lot has been said about the futility of privacy as well.
But is there a democratic way that respects fundamental rights in an emergency? Is there a model that can turn respect for democratic freedoms into a tool for effective common struggle in an emergency?


See full text article here: http://www.opiniojurisincomparatione.org/opinio/article/view/144/152

Posted: 2020-03-28 More...
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Giovanni Comandé, Denise Amram, Gianclaudio Malgieri
Denise Amram