ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

Federico Caporale: Water Grabbing: Administrative
Law, Weaknesses and Possible Remedies
This paper offers an administrative law perspective
on water grabbing. In the first section, I will classify the
behaviors which can be considered as water grabbing,
stressing the variety of their characteristics. Their study
is necessary to understand the legal implications and
possible remedies of water grabbing. In the second
section, I will discuss the different legal area of intervention,
as bilateral or multilateral international treaties
and domestic administrative law related to public
goods. In the third and concluding section, through a
case study, I will focus my attention on the weaknesses
of domestic administrative law, which make easier water
grabbing and I will discuss, if and how the declaration
of the human right to water and the principle
of integrated water resource management can make
stronger domestic law contrasting water grabbing.
Lorenzo Casini: Discussant
87 THE ITALIAN STYLE IN CONSTITU-
TIONAL ADJUDICATION.
HOW THE ITALIAN CONSTITUTIONAL
COURT FITS WITHIN THE NEW
GLOBAL SCENARIO AND HOW IT
CONTRIBUTES TO GLOBAL
CONSTITUTIONAL DISCOURSE
It is by now a commonplace that the world is in a
dynamic age of constitutional exchange, with a rich
network among constitutional systems. Whatever one
might conclude about the causes and consequences
of global constitutionalism, as an observable fact it is
undeniably a prominent feature of our transnational
juridical and political environment. Given the pervasiveness
of this phenomenon, it is remarkable how much
the principal sources of constitutional borrowing and
comparative dialogue remain dominated by a relatively
narrow group of constitutional systems and courts. It
is important to add new elements to the contemporary
constitutional discourse, and the voice of the Italian
Constitutional court can be one of the new voices.
Against this context, the panel will discuss where the
Italian Court fits and how does it reflect and contribute
to global constitutional adjudication. Starting point for
the discussion will be “Italian Constitutional Justice in
Global Context” (OUP ‘16).
Participants
Name of Chair
Room
Patricia Popelier
Oreste Pollicino
Marta Cartabia
Andrea Simoncini
Vittoria Barsotti
Luís Miguel Poiares Pessoa
Maduro
UL9 E25
Patricia Popelier: A new model of judicial review?
In their book on ‘Italian Constitutional Justice in
Global Context’, Barsotti et al. claim that the Italian
Constitutional Court has developed a new model of
judicial review. This Italian style, defined as ‘institutional
relationality’, refers to the ICC’s ‘ability to establish
sound and vital two-ways relations with other institutional
actors, both, political and judicial, national and
supranational’. This is manifested in the ICC’s relationbuilding
capacity and in its review methods. Here it is
claimed that this style of constitutional adjudication, far
from country-specific, characterizes a broader European
continental style. It distinguishes constitutional
courts from diffuse types of constitutional review. Embeddedness
in the European legal space, then, distinguishes
the European from other constitutional courts.
Lastly, more intense and methodically more developed
comparative work is called for to define the European
style and explain commonalities and differences.
Concurring panels 129