Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)
NAD-DIS focuses on historical, institutional and legal phenomena in Central and Eastern Europe, the Middle East, Latin America, Asia and Africa.
Un diritto per “smilitarizzare” le istituzioni nella prima Colonia Eritrea: i progetti giuridici (mancati) del consigliere Piccolo Cupani
A legal framework for “demilitarizing” institutions in the first Eritrean Colony: the (unexecuted) legal drafts of counselor Piccolo Cupani The research examines, through a historical-legal and historical-institutional methodology, the draft bills formulated by Vincenzo Piccolo Cupani to demilitarize the legal framework of the Eritrean Colony. Piccolo Cupani, a magistrate in the Kingdom of Italy, was appointed by Francesco Crispi, Prime Minister in 1890, colonial Counselor for Internal Affairs in the administration of the new colony. The resistance from military authorities, however, prevented these drafts from being enacted.
Copyright (c) 2025 Vittorio Lorenzo Tumeo https://creativecommons.org/licenses/by-nc-nd/4.0
“Peace for resources”: la strategia americana nella regione centroafricana dei Grandi Laghi (1994-2025)
“Peace for resources”: US strategy in the Central African Great Lakes Region (1994-2025) On June 27, 2025, foreign ministers of Rwanda and Democratic Republic of Congo (DRC) signed a peace treaty in Washington, in the presence of the US President Donald Trump, aimed at ending decades of devasting conflict between the two neighbors. In the background of US mediation, there is what could be named a “commercial diplomacy” that considers the strategic interests of the Trump administration in the Region as the main reasons behind his diplomacy. However, Washington’s engagement in the peace process between Rwanda and DRC seems quite controversial, considering the lacking – if not totally missing – activism that characterized US foreign policy in the region in the Nineties. By analyzing diplomatic documents available online at the National Security Archive and the Clinton Digital Library and secondary sources, this paper aims at retracing the evolution of US strategy in the Great Lakes Region, from the 1994-98 crisis to the current commitment in the peace process between the two States, in order to show how Washington’s strategic interests, and not the values of peace, democracy and rule of law, represent the driving force behind the President’s mediation and the United States’ presence in the region.
Copyright (c) 2025 Eva Palo https://creativecommons.org/licenses/by-nc-nd/4.0
I poteri di guerra nell’ordinamento britannico: l’evoluzione storica della war prerogative tra monarca, governo e parlamento
War Powers in British Law: The Historical Evolution of the War Prerogative between Monarch, Cabinet, and Parliament This essay aims to highlight, particularly by retracing the ways in which the English (and subsequently British) monarchy has exercised military power throughout its centuries-long history, the transformation undergone by the "war prerogative", like other royal prerogatives, through shifts in institutional balances and the stratification of constitutional conventions. Currently, the decision to deploy armed forces in situations of armed conflict is a prerogative power, exercised by government ministers. Constitutional conventions require the Prime Minister to authorize the use of British forces in military action on behalf of the Crown. Decisions regarding military action are made within the Cabinet. Constitutionally, Parliament has no legally established role in decisions to deploy armed forces, and the Government has no legal obligation to consult or keep Parliament informed, but recently a new convention has also allowed the House of Commons to express its opinion on military interventions in advance.
Copyright (c) 2025 Rino Casella https://creativecommons.org/licenses/by-nc-nd/4.0
Counterterrorism as an instrument of normalization in foreign policy: Sudan and Algeria in the Global War on Terror
The Global War on Terror (GWOT), launched by the United States in the aftermath of the terrorist attacks of September 11th, 2001, presented countries all over the world with threats and opportunities, and each one tried to adapt to the situation and exploit it to its own advantage. Apparently, the choice was clear: either stand with Washington or against it. What we argue in this paper, through a comparison between the Algerian and Sudanese case, is that before 9/11 counterterrorism had already become a common ground for cooperation between the U.S. and regimes it deemed “untouchable” in the 1990s. The GWOT accelerated and intensified this trend, but this didn’t result – at least for the cases considered – into the forging of new strategic partnerships, due to domestic “red lines”, enduring mistrust and path-dependence from traditional regional alliances.
Copyright (c) 2025 Giorgio Musso https://creativecommons.org/licenses/by-nc-nd/4.0
The Algerian-Italian relations: A strategic partnership in a turbulent geopolitical context
Over the past twenty-five years, Algerian-Italian relations have evolved into one of the most structured and resilient bilateral partnerships linking North Africa and the European Union. The 2003 Treaty of Friendship institutionalized political dialogue and economic cooperation, with energy interdependence – anchored in the TransMed pipeline – forming the core of mutual interests. Beyond hydrocarbons, historical ties and sustained high-level exchanges have helped manage political divergences and preserve diplomatic continuity. Yet the partnership remains asymmetrical and sectorial: Italy’s policies are framed by EU and NATO commitments, while Algeria upholds principles of sovereignty and non-interference. Consequently, collaboration is more consistent in the economic than in the security domains. Algerian-Italian relations thus reveal the asymmetries of North Africa-EU interaction, where pragmatic cooperation coexists with enduring hierarchies and the interplay of authoritarian resilience and democratic pragmatism.
Copyright (c) 2025 Lofti Sour https://creativecommons.org/licenses/by-nc-nd/4.0
La Just Transition in Sudafrica in prospettiva storica
The Just Transition in South Africa in Historical Perspective The article examines South Africa’s energy transition at the intersection of the climate crisis, the legacy of apartheid, and the challenges of democratization. Since the early 2000s, an ambitious investment program has sought to reduce dependence on coal, yet contradictions have emerged: the risk of rising public debt, trade union resistance, and the marginalization of host communities. The “just transition” is thus a contested terrain among social justice, energy security, growth, and sustainability; the article offers a historical reading of it.
Copyright (c) 2025 Davide Chinigò https://creativecommons.org/licenses/by-nc-nd/4.0
Recensione. Luisa Borghesi. Dalla “fine della storia” allo “scontro delle civiltà”. Il dibattito americano tra Francis Fukuyama e Samuel P. Huntington, Studium, 2025.
Copyright (c) 2025 Andrea Cannizzo https://creativecommons.org/licenses/by-nc-nd/4.0
Le elezioni parlamentari moldave del 28 settembre 2025 tra scelta europeista e “cedimenti” democratici
The Moldovan parliamentary elections of 28 September 2025 between European aspirations and democratic weaknesses The paper examines the Moldovan parliamentary elections of 28 September 2025, highlighting their geopolitical importance and the democratic backsliding that marked the process. The confirmation of the pro-European PAS party took place in a context shaped by external interference, legislative reforms, and other measures that limited political pluralism, raising concerns about a gradual erosion of democratic safeguards.
Copyright (c) 2025 Mirko Della Malva https://creativecommons.org/licenses/by-nc-nd/4.0
Una riforma costituzionale per ottenere la pace? La tensione tra ordinamento costituzionale e diplomazia “coercitiva” nel conflitto armeno-azero sul Nagorno-Karabakh
A Constitutional Reform to Achieve Peace? The Tension between Constitutional Law and ‘Coercive’ Diplomacy in the Armenia–Azerbaijan Conflict over Nagorno-Karabakh The paper examines the constitutional implications of the agreement signed on August 8, 2025, between Armenia and Azerbaijan, concerning the determination of Nagorno-Karabakh’s status and the normalization of bilateral relations. Among its provisions – though not formally codified – there is a request to revise the Preamble of Armenia’s 1995 Constitution, a condition that has encountered significant domestic resistance. The case is of relevance in the field of comparative constitutional law, as it reflects a growing trend whereby constitutional revision is employed as a strategic instrument of negotiation in the context of international agreements.
Recensione. Sevgi Doğan, La libertà accademica nell’era dei mostri. Rischi e sfide. Meltemi, 2025
Review. Sevgi Doğan, La libertà accademica nell’era dei mostri. Rischi e sfide. Meltemi, 2025
Copyright (c) 2025 Cristina Mazzero https://creativecommons.org/licenses/by-nc-nd/4.0
Sulle “nuove” condizioni costituzionali di candidabilità per la Presidenza della Romania e sui nodi irrisolti della Curtea Constituțională
On the “new” constitutional conditions for eligibility for the Presidency of Romania and on the unresolved issues of the Curtea Constituțională The essay addresses the issue of Romania's presidential election from the perspective of eligibility conditions. In particular, it focuses on the new axiological framework introduced by the Constitutional Court since ruling no. 2 of October 5, 2024, when the Constitutional Judges have laid down the occurrence of new substantive conditions of general order related to the observance of the fundamental values enshrined in the Constitution. On these assumptions, the Author critically addresses the original Constitutional Court’s decision and some subsequent rulings from which emerges an unclear jurisprudential framework, which may produce a negative impact in the middle and long term.
Copyright (c) 2025 Simone Gianello https://creativecommons.org/licenses/by-nc-nd/4.0
The Monroe Declaration and the Anglo-American Rivalry over Revolutionary Hispanic America
This article reconstructs the genesis and consequences of President Monroe’s message of December 2, 1823, by studying the tormented relationship between the United States and Britain, and their tacit conflict for a “sufficient” strategic control over Spanish America’s political and commercial reconfiguration during the global war marking the final clash among the old Atlantic empires. We will first investigate Britain’s reactions to US official and unofficial policies as a driving force of informal imperialism in South America. We will then describe the two powers’ rivalry in unofficially supporting the liberation campaigns in South America and the impact of their indirect aid. Finally, we will retrace the origins of Monroe’s message in the initiatives of both powers to recognize Spanish-American independence, but also the US ambiguities on their hemispheric “doctrine”, with particular reference to Mexico. Here the prospect of a continental “empire” of republican freedom represented the detonator of a profound internal instability. Through entangled stories of British and US agents, the last sections consider the case of Texas as the terrain in which the British dream of a buffer against US expansion in the Americas faded.
Speciale Monroe Doctrine (a cura di DANIELA VIGNATI)
Copyright (c) 2025 Deborah Besseghini https://creativecommons.org/licenses/by-nc-nd/4.0
Il parere della Corte internazionale di giustizia del 19 luglio 2024 sulle conseguenze giuridiche delle politiche e pratiche di Israele nel Territorio palestinese occupato, inclusa Gerusalemme est
The Advisory Opinion of the International Court of Justice of 19 July 2024 on the Legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem The International Court of Justice’s advisory opinion of 19 July 2024 was issued at a tragic turning point in the Middle East crisis, but it does not deal with the attack of 7 October 2023 or with the consequences that the Israeli reaction is provoking in the Gaza Strip. Rather, it considers the policies and practices of Israel in the Occupied Palestinian Territory (OPT) from 1967 onwards, with particular reference to the West Bank and East Jerusalem. This article concentrates on three conclusions reached by the ICJ in that opinion: the first pertains to the status of the Gaza Strip, which the Court deems to be subject to the law of occupation, even today; the second is the determination of the unlawfulness of the continued presence of Israel in the OPT, due to the annexation policy pursued by Israel in East Jerusalem and the West Bank, in violation of the jus ad bellum and Palestinian self-determination; the third concerns the finding that Israeli policies in the OPT amount to segregation of the Palestinian population. While underlining the importance of the Court’s findings, we highlight some limits and flaws in the ICJ’s legal reasoning.
Copyright (c) 2025 Marco Pedrazzi https://creativecommons.org/licenses/by-nc-nd/4.0
Green Energy or Green Colonialism? The Case of Green Hydrogen in Namibia
Green hydrogen, promoted by institutions like the International Renewable Energy Agency and the European Union as pivotal to decarbonization, faces criticism through the lens of green colonialism. This paper argues that the energy transition often replicates neo-colonial resource extraction, particularly in Global South nations such as Namibia, where reliance on external technologies and investments risks perpetuating dependency and sidelining local communities. Through an interpretative analysis of global discourse and Namibia’s green hydrogen project, the study underscores the need for a people-centered approach. It proposes justainability—merging justice with sustainability—to prioritize equitable benefits and participatory decision-making, challenging top-down models that neglect socio-environmental equity.
Copyright (c) 2025 Venditto Bruno, Ndumba J. Kamwanyah https://creativecommons.org/licenses/by-nc-nd/4.0
La tenuta della “democrazia elettorale” nell’era digitale
The preservation of ‘electoral democracy’ in the digital era Across both sides of the Atlantic, recent electoral cycles have revealed significant distortions in electoral processes. The use of media manipulation techniques, the widespread dissemination of misleading information, and the opaque management of campaign financing have led to systematic violations of electoral legislation during the conduct of electoral campaigns. These phenomena – due to their disruptive potential – have proven capable of undermining the very foundations of democratic systems, potentially pushing them toward illiberal forms of governance. Starting from a critical analysis of the main developments surrounding the 2024 presidential elections in the United States and Romania, this paper explores the preservation of electoral safeguards and, more broadly, the resilience of liberal democracy in the digital age.
Speciale Elezioni ed involuzioni autoritarie (a cura di ANGELA DI GREGORIO)
Copyright (c) 2025 Chiara Spiniello https://creativecommons.org/licenses/by-nc-nd/4.0
Beyond Monroe Doctrine’s Paternalism: US-Latin America cultural relations in History and Historiography
The bicentennial of the Monroe Doctrine in December 2023 marks a pivotal moment in history, calling historians to engage in a renewed examination of inter-American relations. This article seeks to contribute to this important scholarly dialogue by offering a focused review of key works on US-Latin American cultural relations. Specifically, it examines scholarship that challenged entrenched cultural paradigms, particularly those interpretations of US-Latin American interactions that highlight asymmetry and potential hegemony. These interpretations are often traced, at least normatively, to the origins of the Monroe Doctrine. The review covers seminal books published from the late 1990s to the present.
Copyright (c) 2025 Benedetta Calandra https://creativecommons.org/licenses/by-nc-nd/4.0
La Repubblica Federale tedesca e la difesa della democrazia (wehrhafte Demokratie) tra l’ascesa dell’estrema destra e crisi dei partiti tradizionali
The German Federal Republic and the Defence of Democracy (wehrhafte Demokratie) between the Rise of the Far right and the Crisis of the Traditional Parties This paper examines the threats to democracy in the Federal Republic of Germany in light of the rise of the far-right (AfD) and the crisis of traditional parties. Through the lens of wehrhafte Demokratie (militant democracy), it explores the constitutional (Arts. 18, 21, 79.3 GG) and institutional (Federal Constitutional Court, Federal Office for the Protection of the Constitution) mechanisms designed to safeguard the democratic order. The article reflects on the delicate balance between defending democracy and respecting political pluralism, highlighting tensions caused by the political exclusion of AfD in a context of growing fragmentation and polarization. The central challenge, the author argues, is to protect democracy without betraying its founding principles.
Copyright (c) 2025 Ubaldo Villani-Lubelli https://creativecommons.org/licenses/by-nc-nd/4.0
Crisis de la democracia representativa en Latinoamérica: entre autoritarismos y movimientos instituyentes democráticos
Crisis of Representative Democracy in Latin America: Between Authoritarianisms and Constituent Democratic Movements This article examines the current crisis of representative democracy, particularly in Latin America, in the context of global challenges such as neoliberalism, authoritarianism and what economist Adam Tooze calls the “polycrisis,” a convergence of climatic, geopolitical and economic crises. Both left-wing populism, which seeks to restore centrality to the device of state sovereignty, and right-wing populist authoritarianism, which subordinates democracy to market forces, are criticized. The article argues that these approaches are limited by political patterns that reproduce processes of de-democratization. In the second part, the analysis will shift to the democratic renewal proposed by Latin American social movements: the recent social uprisings in Chile, Colombia and Argentina. We will focus on the transformation of the social and political composition of these movements as well as on the new forms of organization and claims that increasingly exceed the modern legal and state form.
Copyright (c) 2025 Daniel Cujaban, Antonio Di Stasio https://creativecommons.org/licenses/by-nc-nd/4.0
Il dialogo tra la Corte costituzionale della Romania e la Commissione europea nel contrasto alla disinformazione elettorale online
The dialogue between the Constitutional Court of Romania and the European Commission in countering online election disinformation This article enucleates the issue of countering online disinformation within electoral contexts, moving from the events that led to the annulment of Romania's December 2024 presidential election. In particular, it aims to reflect on the contribution of the Constitutional Court of Romania to the refinement of the notion of online disinformation in order to understand its potential influence on the decision-making process initiated by the European Commission under the Digital Services Act.
Copyright (c) 2025 Giovanni Colocrese https://creativecommons.org/licenses/by-nc-nd/4.0
Bolsonaro, Kast e Milei: un “nuovo populismo” in America Latina?
Bolsonaro, Kast and Milei: a “new populism” in Latin America? In recent years, Latin America has witnessed the emergence of seemingly “new” political phenomena. This refers to Jair M. Bolsonaro in Brazil, José Antonio Kast in Chile, and Javier G. Milei in Argentina, who have become central figures in the region. This essay aims to analyze the evolution of the political cultures of these leaders through the lens of populism. By focusing on these three cases in particular, the paper aims to understand the ways in which a further hybridization –and thus transformation– of populism is taking shape in Latin America. Starting from the study of the practices and political discourse of these leaders, this essay seeks to contribute an additional perspective to populism studies, moving beyond the traditional right vs. left dichotomy.
Copyright (c) 2025 Francesco Davide Ragno https://creativecommons.org/licenses/by-nc-nd/4.0
Transizione energetica e intelligenza artificiale
The contribution reconstructs the topic of artificial intelligence and environment in the context of the interaction between energy transition and digital transition and the European Green Deal. It examines EU Reg.1689/2024 in depth, in terms of definitions and main characteristics, with particular reference to social and environmental well-being.
Copyright (c) 2025 Francesca Mollo https://creativecommons.org/licenses/by-nc-nd/4.0
The New Monroe Doctrine and the Retreat of European Empires After 1865
During the Civil War, Abraham Lincoln, William Seward, and the US diplomatic corps wrapped the emancipation policy in lofty political ideology. The Union, they told the world, was fighting to preserve republican principles, democratic freedom, equality, and opportunity for all. After the war, there were two Reconstructions, domestic and international. International Reconstruction sought to ensure that the Western Hemisphere would become safe for republicanism. Initially a warning against further European colonization of the Americas, after 1865 the Monroe Doctrine propagated the idea that the entire Western Hemisphere must be a haven for republicanism and that monarchy and slavery were no longer welcome.
Copyright (c) 2025 Don H. Doyle https://creativecommons.org/licenses/by-nc-nd/4.0
From Imagined Community to Security Zone to International Empire. The Many Lives of the Monroe Doctrine
The bi-centennial history of the Monroe Doctrine is a history of adaptations, transformations, and appropriations. The first part of the essay discusses three major turning points. The text of 1823 envisioned the Western Hemisphere as an “imagined community” of American republics based on a shared, if somewhat elusive, identity, while the 1904 corollary transformed it in a US-enforced security system. Finally, its deployment within the inter-American system along the 20th century led to creation of a US-led “international empire”. The second part discusses the Second International Conference of the American States (1901-1902), an often-overlooked episode in the history of the inter-American system that in fact paved the way for international empire as the type of imperial formation operating in the Western hemisphere across the 20th century.
Copyright (c) 2025 Marco Mariano https://creativecommons.org/licenses/by-nc-nd/4.0
Problemi e prospettive dell’influencer marketing nell’ecosistema digitale
Issues and perspectives of influencer marketing in the digital ecosystem The paper aims to explore the legal implications of influencer marketing and highlight the necessity of adopting rules that specifically address this phenomenon. The article also aims to examine the controversial topic of baby influencers, who are frequently at the core of digital marketing strategies that profit on their data and image. It also examines the issue of virtual influencers in the Metaverse context.
Copyright (c) 2025 Beatrice Rabai https://creativecommons.org/licenses/by-nc-nd/4.0
Neoliberalism as a Deconstruction of Liberalism in the EU: The Use of Semantic Inversion in the Rule of Law Conditionality Regulation
The paper examines tensions between liberalism and neoliberalism in the European Union’s (EU) discourse and response to the Rule of Law crisis. Using qualitative content analysis and network representation, we identify what we define as “semantic inversion”, whereby neoliberal actions are justified with liberal democratic rhetoric. Consequently, by retracing and analyzing the legislative bargaining behind the Rule of Law Conditionality Regulation, we define the trajectory of the conditionality mechanism in the inter-institutional bargaining, identifying several crucial fractures that have reshaped its scope and ambition, showing a significant misalignment between the various actors involved, which seems to be the basis of the observed misalignment in the EU public discourse.
Copyright (c) 2025 Edoardo Maria Landoni, Iacopo Taddia https://creativecommons.org/licenses/by-nc-nd/4.0
La crisi dello stato di diritto in Serbia tra manipolazioni elettorali, corruzione e resistenza della società civile
The Crisis of the Rule of Law in Serbia among Electoral Manipulations, Corruption, and Civil Society’s Resistance The recent protests in Serbia against the corruption have been highlighting the fragility of the system, since it does not appear anymore a democratic model. After December 2023 general elections, Serbian situation has rekindled the concerns of many international observatories and of the European Union. Serbia is actually classified as an “illiberal democracy” or an “electoral autocracy”.
Copyright (c) 2025 Laura Alessandra Nocera https://creativecommons.org/licenses/by-nc-nd/4.0
Cittadinanza e ius scholae: una questione costituzionale
Citizenship and Ius Scholae: A Constitutional Issue The article delves into the reform proposals on Italian citizenship, which have once again become the focus of political debate, to enable a comprehensive legal pathway towards the full integration of individuals of foreign origin into the Italian political community. The paper analyzes certain aspects of legislative interventions discussed and approved in the past decade, particularly in relation to the ius scholae, which refers to the acquisition of citizenship after the completion of a cycle of studies or equivalent educational pathways. The objective is to highlight the substantial benefits that would strengthen the institution of citizenship within the Italian legal system should the definitive incorporation of educational and schooling requirements for foreigners be included in the Italian nationality law.
Copyright (c) 2025 Eleonora Iannario https://creativecommons.org/licenses/by-nc-nd/4.0
A Diplomatic Language. John Quincy Adams, the War of 1812, and the Origins of the Monroe Doctrine
The document of the Monroe Doctrine, written by Secretary of State John Quincy Adams, was marked by a diplomatic language. Its essence is expressed in three key passages: separate spheres of influence for the Americas and Europe, non-colonization, and non-intervention. Originally George Canning, British Foreign Secretary, had the idea to issue a joint declaration forbidding future colonization in the Americas, but John Quincy Adams was strongly against it, remembering the war of 1812, and fearing that a bilateral declaration would limit the American western expansion. President Monroe agreed with Adams and issued a unilateral declaration. Behind this choice was not only the fear of the British, but also the rivalry with Spain and Russia for the northwestern territories, and the navigation in the Pacif Ocean to connect US commerce with China.
Copyright (c) 2025 Marco Sioli https://creativecommons.org/licenses/by-nc-nd/4.0
Writing and Rewriting Abd El-Krim El-Khattabi’s Memory
Mohammed Ben Abd el-Krim el-Khattabi (1882 – 1963) is a prominent and controversial figure in Moroccan history. His memory continues to draw interest among Moroccan citizens, as shown by the display of his images during the Ḥirāk demonstrations in 2017. Considering the ongoing influence of Abd el-Krim’s memory on Moroccan society, the Maḫzan has used several official channels, such as the educational system, to shape the narrative around his legacy. An analysis of Moroccan high school history textbooks and interviews with history teachers suggests that Abd el-Krim is widely recognized as an anti-colonialist and Moroccan nationalist. However, some interviews with high school teachers also reveal that contentious representations of this figure exist in the Moroccan educational system. Consequently, as long as Moroccan citizens persistently promote contrasting interpretations of this story, speaking about Abd el-Krim will remain sensitive and controversial.
Copyright (c) 2025 Martina Tremolada https://creativecommons.org/licenses/by-nc-nd/4.0
Freedom of Press and Dictatorships in the 20th Century
Dictatorships are always contrary to fundamental freedoms, in particular to freedom of expression. Under the autocratic governments of the 20th century, the constitutions of Spain, Portugal and Brazil provided for freedom of the press, which however was not respected. Spreading false news is always punishable. However, their diffusion has increased with social networks, and today’s judiciary of Brazil, for example, reacted against this diffusion.
Copyright (c) 2025 Mario Giuseppe Losano https://creativecommons.org/licenses/by-nc-nd/4.0