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Papers by Isidoro Barbagallo
Mediares, 2024
Abstract: The mediator's personal skills are of fundamental importance in the success or, convers... more Abstract: The mediator's personal skills are of fundamental importance in the success or, conversely, failure of a mediation, whatever the approach adopted. The ability of lawyers and parties to know how to negotiate
also plays a significant role. Illustrated here is a practical case in which the mediator disapplied, due to lack of personal ability, some important practical principles of mediation technique, without thus managing to identify the concrete interests that could have led the parties to conciliation.
During the subsequent court proceedings, some parties managed to find a solution, with the help of their lawyers. The mediator must be capable of eliciting the resolution of the conflict not in the classic win-lose judicial scheme, but in a "win-win" logic, thus generating an appreciable level of final satisfaction in all parties, in the realization of their concrete interests and specific.
COMPLIANCE WITH INTERNATIONAL LAW, MEDITERRANEAN, AFRICAN AND GLOBAL EMERGENCIES, IN THE FINAL DECLARATION OF THE TAORMINA'S G7, 2017
The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will le... more The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will leave a marked impression on the future of international relations and on the path towards peace, in compliance with international law, but perhaps the Seven could have done more.
Among the issues faced by Canada, France, Germany, Japan, Italy, U.K. and U.S.A., on migration, on support for the African States, particularly those of the sub-Saharan area, on the fight against international terrorism, on the security of cyberspace, on respect for the rights of the sea, on the struggle against economic protectionism, etc.
Marked divisions have registered on the issue of climate change between the US and other countries. As guest invitees were the leaders of Ethiopia, Guinea, Kenya, Niger, Nigeria and Tunisia.
La Previdenza Forense, 2018
L'Autore compie una disamina di diritto comparato sulle leggi in materia di retribuzione degli av... more L'Autore compie una disamina di diritto comparato sulle leggi in materia di retribuzione degli avvocati nel mondo, evidenziandone le differenze.
The author examines comparative law on the lawyers' remuneration laws in the world, highlighting the differences.
Alexis. Mediterranean Journal of Law and Economics, 2017
SOMMARIO: 1. Premessa; 2. Dal "Piano Schuman" agli esiti del Trattato di Parigi del 1951; 3. Dall... more SOMMARIO: 1. Premessa; 2. Dal "Piano Schuman" agli esiti del Trattato di Parigi del 1951; 3. Dalla Conferenza di Messina l'idea di creare la CEE; 4. I Trattati di Roma; 5. Gli sviluppi successivi ai Trattati di Roma, sino a Lisbona; 6. La Dichiarazione di Roma del 2017; 6.1. La questione euro-mediterranea; 7. Conclusioni. Bibliografia.
Isidoro, BARBAGALLO, 2016
The Italian Constitutional Court has recently intervened in sentence no. 195/2015 to resolve a co... more The Italian Constitutional Court has recently intervened in sentence no. 195/2015 to resolve a conflict of legislative powers between the State and the Region of Calabria, who had legislated on advance directives for treatment (d.a.t.) for donation of organs and tissue, giving powers in this matter to municipal officers. The regional law was declared unconstitutional: the author analyses the reasons of the judgment and he moves to make the comparison of foreign laws on d.a.t. (advance directives for treatment, living will), be seizing the different lines of principle which the different legal systems adhere, including certain regulations of the Islamic Countries.
Alexis. Mediterranean Journal of Law and Economics, 2017
The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will le... more The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will leave a marked impression on the future of international relations and on the path towards peace, in compliance with international law, but perhaps the Seven could have done more. Among the issues faced by Canada, France, Germany, Japan, Italy, U.K. and U.S.A., on migration, on support for the African States, particularly those of the sub-Saharan area, on the fight against international terrorism, on the security of cyberspace, on respect for the rights of the sea, on the struggle against economic protectionism, etc. Marked divisions have registered on the issue of climate change between the US and other countries. As guest invitees were the leaders of Ethiopia, Guinea, Kenya, Niger, Nigeria and Tunisia.
Conference Presentations by Isidoro Barbagallo
2nd International Congress on Legal Education Hacettepe University Law Faculty-Ankara-Turkey November 19-22, 2014 , 2014
Congressual Report (2nd International Congress on Legal Education Hacettepe University Law Facult... more Congressual Report (2nd International Congress on Legal Education
Hacettepe University Law Faculty, Ankara, Turkey, November 19-22, 2014) - ABSTRACT:
The first step of the legal education in Italy is the achievement of the "law degree" within the appropriate existing departments in the University. When the studies are completed, the graduate (who acquired the qualification of "doctor") can choose between different paths of employment. The most traditional jobs for him are the legal professions: lawyer, magistrate, notary public, but also the Registrar, the Judicial Officer.
The activities of lawyer and notary are considered "liberal professions" and can not be exercised jointly. Their exercise is subject to enrollment in their respective professional associations. The judges depend on the CSM (Superior Council of Magistracy).
University studies provide a theoretical preparation especially. This preparation is even more in-depth courses after graduation in the Dottorato di ricerca (PhD), often combined with practical high-profile in-depth analysis, as well as theoretical and doctrinal.
Learning realy practice is carried out by the University, either through "law schools" and, especially, during the professional internship with a lawyer or a notary public. For access to the Judiciary is scheduled a open competitive examen, with the exception of honorary magistrates, which is accessed differently.
Have recently been reformed professional specialization courses for lawyers, long since existing but not very widespread. It is hoped that they can also serve to bridge the gaps that exist in legal-education in some areas of forensic practice (eg., theoretical and practical work of reconstruction and assessment of evidence, etc.).
Mediares, 2024
Abstract: The mediator's personal skills are of fundamental importance in the success or, convers... more Abstract: The mediator's personal skills are of fundamental importance in the success or, conversely, failure of a mediation, whatever the approach adopted. The ability of lawyers and parties to know how to negotiate
also plays a significant role. Illustrated here is a practical case in which the mediator disapplied, due to lack of personal ability, some important practical principles of mediation technique, without thus managing to identify the concrete interests that could have led the parties to conciliation.
During the subsequent court proceedings, some parties managed to find a solution, with the help of their lawyers. The mediator must be capable of eliciting the resolution of the conflict not in the classic win-lose judicial scheme, but in a "win-win" logic, thus generating an appreciable level of final satisfaction in all parties, in the realization of their concrete interests and specific.
COMPLIANCE WITH INTERNATIONAL LAW, MEDITERRANEAN, AFRICAN AND GLOBAL EMERGENCIES, IN THE FINAL DECLARATION OF THE TAORMINA'S G7, 2017
The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will le... more The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will leave a marked impression on the future of international relations and on the path towards peace, in compliance with international law, but perhaps the Seven could have done more.
Among the issues faced by Canada, France, Germany, Japan, Italy, U.K. and U.S.A., on migration, on support for the African States, particularly those of the sub-Saharan area, on the fight against international terrorism, on the security of cyberspace, on respect for the rights of the sea, on the struggle against economic protectionism, etc.
Marked divisions have registered on the issue of climate change between the US and other countries. As guest invitees were the leaders of Ethiopia, Guinea, Kenya, Niger, Nigeria and Tunisia.
La Previdenza Forense, 2018
L'Autore compie una disamina di diritto comparato sulle leggi in materia di retribuzione degli av... more L'Autore compie una disamina di diritto comparato sulle leggi in materia di retribuzione degli avvocati nel mondo, evidenziandone le differenze.
The author examines comparative law on the lawyers' remuneration laws in the world, highlighting the differences.
Alexis. Mediterranean Journal of Law and Economics, 2017
SOMMARIO: 1. Premessa; 2. Dal "Piano Schuman" agli esiti del Trattato di Parigi del 1951; 3. Dall... more SOMMARIO: 1. Premessa; 2. Dal "Piano Schuman" agli esiti del Trattato di Parigi del 1951; 3. Dalla Conferenza di Messina l'idea di creare la CEE; 4. I Trattati di Roma; 5. Gli sviluppi successivi ai Trattati di Roma, sino a Lisbona; 6. La Dichiarazione di Roma del 2017; 6.1. La questione euro-mediterranea; 7. Conclusioni. Bibliografia.
Isidoro, BARBAGALLO, 2016
The Italian Constitutional Court has recently intervened in sentence no. 195/2015 to resolve a co... more The Italian Constitutional Court has recently intervened in sentence no. 195/2015 to resolve a conflict of legislative powers between the State and the Region of Calabria, who had legislated on advance directives for treatment (d.a.t.) for donation of organs and tissue, giving powers in this matter to municipal officers. The regional law was declared unconstitutional: the author analyses the reasons of the judgment and he moves to make the comparison of foreign laws on d.a.t. (advance directives for treatment, living will), be seizing the different lines of principle which the different legal systems adhere, including certain regulations of the Islamic Countries.
Alexis. Mediterranean Journal of Law and Economics, 2017
The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will le... more The final statement signed by participants in the Italian G7 held in Taormina in May 2017 will leave a marked impression on the future of international relations and on the path towards peace, in compliance with international law, but perhaps the Seven could have done more. Among the issues faced by Canada, France, Germany, Japan, Italy, U.K. and U.S.A., on migration, on support for the African States, particularly those of the sub-Saharan area, on the fight against international terrorism, on the security of cyberspace, on respect for the rights of the sea, on the struggle against economic protectionism, etc. Marked divisions have registered on the issue of climate change between the US and other countries. As guest invitees were the leaders of Ethiopia, Guinea, Kenya, Niger, Nigeria and Tunisia.
2nd International Congress on Legal Education Hacettepe University Law Faculty-Ankara-Turkey November 19-22, 2014 , 2014
Congressual Report (2nd International Congress on Legal Education Hacettepe University Law Facult... more Congressual Report (2nd International Congress on Legal Education
Hacettepe University Law Faculty, Ankara, Turkey, November 19-22, 2014) - ABSTRACT:
The first step of the legal education in Italy is the achievement of the "law degree" within the appropriate existing departments in the University. When the studies are completed, the graduate (who acquired the qualification of "doctor") can choose between different paths of employment. The most traditional jobs for him are the legal professions: lawyer, magistrate, notary public, but also the Registrar, the Judicial Officer.
The activities of lawyer and notary are considered "liberal professions" and can not be exercised jointly. Their exercise is subject to enrollment in their respective professional associations. The judges depend on the CSM (Superior Council of Magistracy).
University studies provide a theoretical preparation especially. This preparation is even more in-depth courses after graduation in the Dottorato di ricerca (PhD), often combined with practical high-profile in-depth analysis, as well as theoretical and doctrinal.
Learning realy practice is carried out by the University, either through "law schools" and, especially, during the professional internship with a lawyer or a notary public. For access to the Judiciary is scheduled a open competitive examen, with the exception of honorary magistrates, which is accessed differently.
Have recently been reformed professional specialization courses for lawyers, long since existing but not very widespread. It is hoped that they can also serve to bridge the gaps that exist in legal-education in some areas of forensic practice (eg., theoretical and practical work of reconstruction and assessment of evidence, etc.).