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Dear readers, It is with the utmost privilege that I introduce you Volume 5, Number 2 of the Trento Student Law Review. Once again, this Review aspires to make its modest contribution to the panorama of juridical literature, presenting an Issue in which topics of Comparative, European, and International law, which are all very dear to our Faculty, are discussed. With this eleventh publication, the Trento Student Law Review has published more than fifty articles, a result that should be celebrated since this project has been around only for five years. Allow me to make a brief comment about it. With the end of my mandate, the first generation of editors who have been part of this Review since its first year of existence also ends. My perspective has afforded me the privilege of seeing the work of this Editorial Board from its first volume and participating in its growth. Growing up, this Review has tried to fill a gap and create a wide-ranging environment for students who wanted to participate in the university dimension more actively. Growing up, this Review has allowed almost a hundred editors and aspiring jurists to build the necessary sensitivity and attention to face a world where the law is constantly, and frenetically, evolving. In addition, it has been a meeting point for all those who, in their academic path within this Faculty, have seen in scientific literature and research the keys to be able to improve and learn by doing. Growing up, this Review has tried to be so much more. This has not been an easy path, but despite the times of difficulty, the desire to create a better product has always been a driving force, and the obstacles we have encountered along the way have helped us learn and grow in the right direction. We would not have had this privilege of hoping for the best without the continuous, unwavering support of the Faculty of Law of the University of Trento and its academic community, to whom we extend our deepest gratitude. A further thanks goes to the entire editorial staff of the TSLR, which has managed to work as a real team. Lastly, I wish to express my gratitude to all those who have been part of this Review over the years: your contribution has made this project richer and full of potential. I am confident that the helm is in the right hands with the new Managing Board and Rossella Borella as Director. I wish them all the best for the important new results they will achieve. Ad maiora!
Copyright (c) 2023 Emma Castellin https://creativecommons.org/licenses/by-nc-sa/4.0
Dear Readers, Nearly nine years ago, the Trento Student Law Review was founded on a simple but ambitious idea: to create a forum capable of combining academic rigour with practical relevance, while encouraging open and well-informed discussion on the most pressing questions of contemporary law. We are therefore pleased to present the first issue of Volume 8. This issue has seen a significant increase in submissions, once again confirming the interest that the Review continues to attract among both first-time and more experienced authors. The six articles collected in this issue – one in Italian and five in English – reflect an engagement with legal writing that crosses not only different fields of law, but also different periods and legal traditions, ranging from Roman law to artificial intelligence. The latter, in particular, is an area in relation to which no legal or academic actor can afford to remain passive. In the volumes ahead, the Review, too, will have to define its own position on the use of AI, locating it realistically between uncritical permissiveness and, conversely, short-sighted intolerance. Taken together, these contributions do not seek to impose a single thematic trajectory. Their value lies, rather, in the variety of the questions they raise: from tax law and the legal consequences of maternity to Roman legal tradition, EU digital regulation, international law, AI governance, and criminal justice. What holds them together is not a shared subject matter, but a common editorial premise: that legal scholarship remains meaningful when it moves across contexts without losing rigour, sensitivity, and attention to concrete legal problems. I would also like to express my sincere gratitude to Rossella Borella, who preceded me as Editor-in-Chief. The continuity that the Review has been able to preserve, despite a largely renewed editorial team and the transition to a new Board, owes much to the seriousness and generosity with which she accompanied this passage. Her work left us not only a solid editorial structure, but also a calm and collaborative environment in which taking up this responsibility was far less difficult than it could have been. If there is a common thread running through these six contributions, despite their evident differences in subject matter, method, and geographical scope, it may be found in a shared resistance to oversimplification. Each article, in its own way, brings legal analysis back into contact with the complexity of facts, the reality of lived experience, and the limits of power, whether public or private. It is perhaps here that a Review such as ours continues to find its purpose: not in offering easy answers, but in preserving, with seriousness and intellectual curiosity, a space for critical reflection. It is in this spirit that I wish all our readers an engaging and rewarding reading experience. I also hope that this issue will offer not only material for study, but further reasons to believe that law, when it remains attentive to its human dimension, continues to be an essential tool for understanding and orientation.
Copyright (c) 2026 Emil Trigolo https://creativecommons.org/licenses/by-nc-sa/4.0
A Legal Appraisal of the Application of the Principle of Humanity in the Criminal Justice System of Cameroon
This article appraises the application of the principle of humanity in the criminal justice system of Cameroon. This principle prohibits torture and inhuman or degrading punishment, promotes the rehabilitation and resocialisation of offenders, and protects the rights of victims. It does not prevent punishment but rather shapes it to be fairer, ensuring that the criminal justice system maintains its legitimacy. In essence, it ensures that justice is served in a humane manner that aligns with proportionality. Cameroon has ratified several international and regional normative frameworks demanding that suspects be treated with dignity and informed of their rights. At the national level, this principle is enshrined in the Constitution, the Criminal Procedure Code and the Penal Code, guaranteeing rights like freedom from torture and humane treatment for suspects. Through the use of relevant primary sources of data collection such as the constitution, court cases, statutes, conventions and secondary sources of data collection such as journal articles, reviews, academic books and compiled statistics, this article establishes that the practical application of this principle faces major challenges. Some of which include; continuous widespread allegations of torture and inhuman or degrading punishment and treatment, inhumane prison conditions, limited resources to meet international rehabilitation standards, and insufficient mechanisms to guarantee compensation for victims of crimes. This leads to significant gaps between legal provisions and reality, despite international commitments and domestic laws. Ultimately, the article advocates principally for a review of the legal and judicial safeguards, for instance to provide death penalty procedural safeguards, amend Section 277-3 of the Penal Code so that the penalties for the offence of torture are proportionate to the gravity of the acts. It is also argued that the State needs to allocate enough resources especially financial and infrastructural to curb the deplorable prison conditions.
Copyright (c) 2026 Pascal Edie Diabe https://creativecommons.org/licenses/by-nc-sa/4.0
In small-scale economic entities, characterized by limited organizational and instrumental structures, tax assessment activities cannot overlook the evaluation of the owner’s health conditions, with specific reference to pregnancy and maternity as objective facts impeding productive capacity. It is scientifically and legally recognized that gestation and childcare drain vital time and energy, leading to a “non-normal” conduct of business compared to consolidated statistical models. In this context, the loss of the professional’s direct labor cannot be neutralized by hired staff, whose performance is “qualitatively different” and lacks the same operational efficiency. This “substitution diseconomy” directly impacts business margins, justifying a contraction in taxable income that cannot be hastily qualified as anti-economic or evasive behavior. Consequently, the standard of proof must become more rigorous, requiring the Tax Administration to exceed a threshold of “certainty” and avoiding conjectures with uncertain logical consistency based on inductive automatisms. Only a strict adherence to the principle of effective ability to pay can prevent intolerable discrimination contrary to the fundamental principles set out in Articles 3, 31, and 53 of the Italian Constitution.
Copyright (c) 2026 Antonio Borghetti https://creativecommons.org/licenses/by-nc-sa/4.0
In this work I am going to discuss the role that Roman law has played within the academic environment throughout the 20th century. My analysis will focus primarily on the Italian and German scene, two nations that have tragically seen the rise of totalitarian regimes at the beginnings of the 1920s. Given the almost opposite attitudes in respect of Roman law in those two dictatorships, I will attempt to give an explanation over why the outcome was so different in two political situations that were not so distant ideologically wise. In order to do this, I am going to take into account different elements that have characterized these two experiences such as the law, the authors of the time and other societal aspects. Lastly, my work will provide an overview of the changes that arrived in Europe after the end of WWII and how Roman law principles still played a role, even if only marginally, in the establishment of the European Union and the re-creation of a common European legal tradition. The purpose of this article is to describe the role that Roman law has played throughout the last century and how easy it is for dictatorships to even invoke Roman law to support a propagandistic construction.
Copyright (c) 2026 Ludovica Lot https://creativecommons.org/licenses/by-nc-sa/4.0
Transparency on Paper, Black Box in Practice
This work examines the European Union’s regulatory framework on transparency, focusing in particular on the dimension of explainability with specific reference to voice assistants. It analyzes the main legal sources governing this aspect, namely the General Data Protection Regulation and the Artificial Intelligence Act, with the aim of clarifying the scope and content of transparency and explainability obligations under both regulations. It investigates how these requirements operate in practice by applying the legal framework to a specific category of AI-based consumer devices: voice assistants. In this context, Amazon Alexa is used as a case study to determine the applicable legal regime and to assess how transparency obligations are translated into real-world interactions between users and AI systems. The analysis then considers Alexa+, the latest version of the technology, whose enhanced functionalities and increased autonomy raise some regulatory questions. In particular, the work explores whether its features could lead to classification as a high-risk AI system under the AI Act, triggering stricter obligations.
Copyright (c) 2026 Elena Della Valentina https://creativecommons.org/licenses/by-nc-sa/4.0
Chat Control and the Repercussions of Mandatory Communication Detection
This article analyses the European Union’s proposed Child Sexual Abuse Regulation (“Chat Control”) and the legal, technical, and fundamental-rights challenges arising from its shift from voluntary to mandatory detection of online child sexual abuse material (CSAM). The study situates the proposal within the broader EU regulatory landscape, including the interim derogation provided by Regulation 2021/1232 and its subsequent extension, highlighting the fragmentation and legal uncertainty produced. Although the proposal aims to harmonise obligations and enhance child protection, it presupposes the existence of reliable and safe scanning technologies while disregarding unresolved cybersecurity vulnerabilities and significant risks to privacy and data protection. The analysis demonstrates that mandatory detection orders, potentially affecting all major communication services, would require intrusive age-verification systems and technologies that undermine end-to-end encryption. Existing tools such as client-side scanning, perceptual hashing, and AI-based grooming detection remain technically fallible, prone to false positives, and susceptible to evasion, collision, and data-leakage attacks. The resulting data-processing obligations raise unresolved questions regarding evidence reliability, procedural safeguards, and compliance with Articles 7 and 8 of the EU Charter. The article further argues that large-scale scanning infrastructures risk function creep, enabling forms of mass surveillance incompatible with European fundamental-rights jurisprudence and cybersecurity norms. While combating online child abuse is a critical public interest objective, the current proposal fails to provide a proportionate, legally foreseeable, and technically secure framework. The report concludes that any effective long-term solution must integrate rigorous safeguards, transparency, technological viability, and strong protection of secure communications.
Copyright (c) 2026 Mariavittoria Scarsini https://creativecommons.org/licenses/by-nc-sa/4.0
This article uses East Timor to ask a simple question with hard answers: what can international law actually do for peoples seeking independence? The paper follows Timor’s path from Portuguese rule through Indonesia’s occupation to UN administration and statehood, and argues that law mattered in three different ways. First, the ICJ’s East Timor case (Portugal v Australia, 1995) affirmed self-determination and permanent sovereignty over natural resources (PSNR), even as Monetary Gold rules kept the Court from deciding the merits. Second, a UN sequence, UNAMET, INTERFET, UNTAET, turned principle into practice by creating security, institutions and a constitution under Sérgio Vieira de Mello. Third, the paper shows the cost of success: transitional rule can enable self-government while temporarily constraining it, a sovereignty paradox that East Timor mitigated through early “Timorization” of authority. A comparative section reads Western Sahara and Palestine through the same lens: rights are named, but credible pathways (consultation under protection, time-bound administration with real local agency) are missing. The conclusion offers conditions, not a template, for when law moves from declaration to implementation: layered legitimacy, benchmarked security, and early transfer to elected institutions. In short, international law does not confer sovereignty; used well, it can be a tool to scaffold it.
Copyright (c) 2026 Lucas Procópio Sant’Anna https://creativecommons.org/licenses/by-nc-sa/4.0
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, 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
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 Procópio 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 explores the relationship between copyright law and automated enforcement technologies on digital platforms. The constitutional foundation of copyright, the doctrine of fair use, secondary liability, and the DMCA safe harbor provisions incentivize platforms to develop and utilize such technologies. YouTube’s ContentID system is thereby used as an emblematic example of this interaction. The first part of the paper outlines these foundational aspects, providing a legal framework for understanding how copyright law has evolved to address digital challenges. It discusses the constitutional basis for copyright protection – which creates the legal basis to grant creators exclusive rights – and examines the fair use doctrine that balances copyright holders’ rights with users’ interests. The article also considers the legal implications of secondary liability for infringing content and the DMCA’s safe harbor provisions, which offer protections for platforms hosting user-generated content. In the second part the paper builds on this legal framework by analyzing contemporary issues in online copyright enforcement. The rapid rise of automated systems, like YouTube’s ContentID, has transformed how digital platforms monitor and enforce copyright, but it has also raised concerns regarding fairness, accuracy, and overreach, which negatively impact on user’s rights. This section highlights these challenges and proposes potential solutions to enhance the effectiveness and equity of copyright enforcement in the digital age, ensuring both creators’ rights and users’ freedoms are fairly protected.
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 Hammad Siddiqui, Naman Pratap Singh 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 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
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
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 three major jurisdictions, i.e. Nigeria, the UK, and Indonesia. It addresses the challenges and prospects for these legal systems and economies. The research adopts a qualitative methodology, drawing theory from a vast trove of materials from authors in the African, Asian, and European continents. The intention behind bringing this topic into discussion primarily revolves around the undeniable significance that Islamic finance has in certain parts of the world. Islamic banking dominates the global Muslim finance industry, representing 80% of Islamic financial assets. There is growing concern for the subpar usage of the practice in certain jurisdictions. Most of the scholarship on this matter 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 causing 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 socio-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 discovered that for the existence of 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 Continentale e Hong Kong S.A.R.
The article aims to provide an analytical examination of the discipline of mutual recognition of insolvency proceedings between Mainland China and Hong Kong S.A.R. The author traces what occurred in the People’s Republic of China until 2021. Prevailing was, in fact, the attitude of Mainland China, which had always been reluctant to recognize insolvency proceedings started in Hong Kong territory. The impasse ended on May 14, 2021 when the parties reached an agreement: the so called “Record of Meeting.” The latter represents the primordial piece of a mosaic still in the making. Following a brief analysis conducted on the source chosen by the parties, the author analyzes the main contents of the agreement through a comparison with Reg. (EU) No. 848/2015. The choice is not accidental, since, in the following pages, it becomes clear how the aforementioned regulation represents the archetype to aspire to, but also a compass capable of dictating the way. In conclusion, the shortcomings of the Record of Meeting and the sources attached to it are highlighted and, at the same time, an attempt is made to describe the future scenario in cross-border insolvency between the major rival of the United States of America, Mainland China, and Hong Kong, the third largest financial center internationally.
Copyright (c) 2023 Marta Cirillo https://creativecommons.org/licenses/by-nc-sa/4.0