Alessia Maria Di Stefano, «Non potete impedirla, dovete regolarla». Giustizia ed emigrazione in Italia: l’esperienza delle commissioni arbitrali provinciali per l’emigrazione (1901-1913), Roma, Historia&Ius, 2020.
The book aims to analyze the jurisdictional activity carried out by the arbitral tribunals for emigration created by the Italian legislature with the law of January 31, 1901, no. 23. This law created ad hoc legal bodies (the Provincial Arbitral Commissions for emigration, the Inspectors of Emigration and from 1910 the Central Arbitral Commission) to ensure legal protection to the emigrant against the carriers and to offer further protection to Italian workers looking for overseas jobs. The need was to ensure justice and legal protection to a socially weak category, such as that of emigrants, by providing for a judicial system that would protect them quickly and above all free of charge.
The author, through the analysis of the judgments, highlights how the activity of these special jurisdictional bodies was not limited to resolving disputes between emigrants and carriers.
The judgments issued by these jurisdictions, in fact, have created a special legal order concerning a specific group of people, emigrants, differentiating and specializing the law created by the State.
The Provincial Arbitral Commissions for emigration played a key role in creating a “new” regulatory order that ended up integrating and replacing State regulations.