La responsabilità degli enti nella prospettiva dei «grandi spazi». Profili transnazionali del d.lgs. n. 231/2001

The author investigates the transnational application of corporate liability law (decreto legislativo 08.06.2001, n. 231) in the light of the fundamental transformations that globalization has caused. The domestic question about liability of foreign corporations is thus analyzed considering the current trends of globalization: the disaggregation of sovereignty and territory; the "space revolution" and the evolution of territoriality in a regulatory sense; the creation of functional or post-geographic forms of jurisdiction, through which national states regulate cross-border business activity; the role that courts and judges play in this context as border guards. According to the author, the activity of multinational corporations rep- resents the most significant ground for observing the developments of regulatory models ("regulatory capitalism"). At the same time, in this context, arises a new "transnational", "hybrid”, “polycontextural "," global " law. Finally, the author criticizes the extraterritorial scope of corporate liability system, suggest- ing certain amendments in order to make domestic law compliant with non-interference principle and consistent with the "inter-legal" dimension which connotes the regulation of transnational economic activity.