The Italian yearbook of international law

Author(s)

• Capotorti, Francesco

Bibliographic Information

The Italian yearbook of international law

[board of editors, Francesco Capotorti ... et al.]

Scientifica , Distributed outside Italy by Oceana Publications, 1975-

• : set
• v. 1 : 1975
• v. 2 : 1976
• v. 3 : 1977
• v. 4 : 1978-1979
• v. 5 : 1980-1981
• v. 6 : 1985
• v. 7 : 1986-1987
• v. 8 : 1988-1992
• v. 9 : 1999
• v. 10 : 2000
• v. 11 : 2001
• v. 12 : 2002
• v. 13 : 2003
• v. 14 : 2004
• v. 15 : 2005
• v. 16 : 2006
• v. 17 : 2007
• v. 18 : 2008
• v. 19 : 2009
• v. 20 : 2010
• v. 21 : 2011
• v. 22 : 2012
• v. 23 : 2013
• v. 24 : 2014
• v. 25 : 2015

Note

Includes bibliographical references and index

Vol 6: Published by Dott. A. Giuffrè Editore, Milano

Vol. 9-11: Published by Kluwer Law International, The Hague

Vol. 12-: Published by Brill Academic, Leiden

Description and Table of Contents

Volume

v. 12 : 2002 ISBN 9789004137431

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XII (2002) is organised in three main sections. The first contains doctrinal contributions including articles on the historical roots of the doctrine of just war, the legacy of the UNESCO World Heritage Convention thirty years after its adoption, the issue of compensation for victims of violations of the law of war, the extraterritoriality of the European Convention on Human Rights, and on the effects of terrorism on asylum law. This section includes also surveys on the activity of international tribunals and organizations (WTO, Law of the Sea Tribunal, International Law Commission, and European Court of Human Rights) with a special focus on the ICJ case law on territorial and boundary disputes. The second section covers the Italian practice in the areas of 1. judicial decisions (including important decisions, such as the Markovic judgement on the NATO bombing of the Yugoslav television during the 1999 war in Kosovo); 2. diplomatic and parliamentary practice (such as the Italian most recent views relating to the ongoing debate on the reform of the United Nations); 3. treaty practice; and 4. national legislation (including the new legislation on immigration and treatment of aliens and the law on co-operation with the International Criminal Tribunal for Rwanda). The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Volume

v. 13 : 2003 ISBN 9789004144460

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XIII (2003) is organised in three main sections. The first contains doctrinal contributions including articles on State responsibility for the breach of positive obligations; State continuity and the case of Somalia; the European Union's international relations and the notion of fragmented sovereignty; self-defence and the problem of attribution of the September 11 attacks on the US; and the ICTY jurisprudence on jurisdiction over illegally abducted war criminals. This section includes also notes on current developments such as the 2003 UNESCO Declaration on the Intentional Destruction of Cultural Heritage and the establishment of the Antarctic Treaty Secretariat, as well as surveys on the activity of selected international institutions and tribunals (International Law Commission, World Trade Organization, Law of the Sea Tribunal, and European Court of Human Rights). The second section covers the Italian practice in the areas of 1) judicial decisions; 2) diplomatic and parliamentary practice (including the parliamentary debates over the legality of the US-led war against Iraq and the Italian most recent views on the proposed reform of the United Nations); 3) treaty practice; and 4) national legislation (including the latest measures on the Italian participation to international missions of military forces). The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Table of Contents

List of Abbreviations, Articles, Reflections on State Responsibility for the Breach of Positive Obligations: The Case-Law of the European Court of Human Rights, Benedetto Conforti, Government Collapse and State Continuity: The Case of Somalia, Abdulqawi A. Yusuf, Fragmented Sovereignty? The European Union and its Member States in the International Arena, Enzo Cannizzaro, War in Afghanistan, Self-Defense and Questions of Attribution of the September 11 attacks to the Afghan Taliban Regime, Marco Frigessi di Rattalma, The ICTY appeals Chamber's Nikolic Decision on Legality of Arrest: Can an International Criminal Court assert Jurisdiction over Illegally Seized Offenders?, Andrea Carcano, Notes and Comments, Culture and Trade? A European Way "Towards an International Instrument on Cultural Diversity", Rostam Josef Neuwirth, The Unesco Declaration Concerning the Intentional Destruction of Cultural Heritage: One Step Forward and Two Steps Back, Federico Lenzerini, The Establishment of the Secretariat of the Antarctic Treaty, Patrizia Vigni, The International Tribunal for the Law of the Sea (2003), Tullio Treves, The Activity of the International Law Commission During its 55th Session, Massimo Iovane, The Activity of the World Trade Organization (2003), Federico Lenzerini and Massimiliano Montini, Review of Judgments and Decisions Delivered in 2003 by the European Court of Human Rights on Subjects Relevant to International Law, Simona Granata, Italian Practice Relating to International Law, Classifications Scheme, Judicial Decisions, (Edited by Giuseppe Cataldi and Massimo Iovane), Diplomatic and Parliamentary Practice, (Edited by Lara Appicciafuoco, Pietro Gargiulo, Giuseppe Nesi, Marco Pertile and Valeria Santori), Agreements to Which Italy is a Party, (Edited by Federico Casolari, Marcello di Filippo, Marco Gestri and Marina Mancini), Legislation, (Edited by Pia Acconci, with the Exception of Legislation on Diplomatic and Consular Relations, Air and Space Law, and Nationality edited by Chiara Battistini, Legislation on Environment edited by Massimiliano Montini, Legislation on Immigration and Emigration, Use of Force Short of War and Peace-Keeping, and War, Neutrality, and Disarmament edited by Gianluca Rubagotti), Bibliographies, Italian Bibliographical Index of International Law 2003, (Edited by Giulio Bartolini, Federico Lenzerini and Massimiliano Montini), Review of Books, Books Received, Index.

Volume

v. 14 : 2004 ISBN 9789004150270

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XIV (2004) is organised in three main sections. The first contains doctrinal contributions including articles on the UN Charter reform; corporations as international actors; human genetics and reproductive technology; and on the ICJ Advisory Opinion on the construction of a wall in the Occupied Palestinian Territory. This section includes also notes on the seminal judgment of the Italian Supreme Court in the Ferrini case, setting aside immunity of a foreign State in respect of reparation claims by victims of gross violations of human rights, and on the decision of the Special Court of Sierra Leone in the Charles Taylor case, as well as surveys on the activity of selected international institutions and tribunals (World Trade Organization, Law of the Sea Tribunal, and European Court of Human Rights). The second section covers the Italian practice in the areas of 1) judicial decisions; 2) diplomatic and parliamentary practice; 3) treaty practice; and 4) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Table of Contents

LIST OF ABBREVIATIONS, ARTICLES, THE REPORT OF THE HIGH-LEVEL PANEL ON THREATS, CHALLENGES AND CHANGE, THE USE OF FORCE AND THE REFORM OF THE UNITED NATIONS, Natalino Ronzitti, CORPORATIONS AS INTERNATIONAL ACTORS AND INTERNATIONAL LAW MAKERS, Vaughan Lowe, THE MARGINAL ROLE OF THE INDIVIDUAL IN THE ILC'S ARTICLES ON STATE RESPONSIBILITY, Riccardo Pisillo Mazzeschi, ISLAMIC LAW ON PRISONERS OF WAR AND ITS RELATIONSHIP WITH INTERNATIONAL HUMANITARIAN LAW, Mohamed M. El Zeidy and Ray Murphy, HUMAN GENETICS, REPRODUCTIVE TECHNOLOGY AND FUNDAMENTAL RIGHTS, Cristina Campiglio, "LEGAL CONSEQUENCES OF THE CONSTRUCTION OF A WALL IN THE OCCUPIED PALESTINIAN TERRITORY": A MISSED OPPORTUNITY FOR INTERNATIONAL HUMANITARIAN LAW?, Marco Pertile, NOTES AND COMMENTS, THE FERRINI JUDGMENT OF THE ITALIAN SUPREME COURT: OPENING UP DOMESTIC COURTS TO CLAIMS OF REPARATION FOR VICTIMS OF SERIOUS VIOLATIONS OF FUNDAMENTAL HUMAN RIGHTS, Massimo Iovane, BALANCING THE HUMAN RIGHT TO HEALTH AND INTELLECTUAL PROPERTY RIGHTS AFTER DOHA, Valentina Vadi, THE REQUIREMENT OF CONTINUOUS CORPORATE NATIONALITY AND CUSTOMARY INTERNATIONAL RULES ON FOREIGN INVESTMENTS: THE LOEWEN CASE, Pia Acconci, STATE SUCCESSION AND THE DELIMITATION OF THE CASPIAN SEA, Mariangela Gramola, IMMUNITY OF HEADS OF STATE: SOME CRITICAL REMARKS ON THE DECISION OF THE SPECIAL COURT FOR SIERRA LEONE IN THE CHARLES TAYLOR CASE, Chiara Ragni, THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (2004), Tullio Treves, REVIEW OF JUDGMENTS AND DECISIONS DELIVERED IN 2004 BY THE EUROPEAN COURT OF HUMAN RIGHTS ON SUBJECTS RELEVANT TO INTERNATIONAL LAW, Simona Granata, THE ACTIVITY OF THE WORLD TRADE ORGANIZATION (2004), Federico Lenzerini and Massimiliano Montini, ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW, Classification Scheme, JUDICIAL DECISIONS, (edited by Giuseppe Cataldi and Massimo Iovane), DIPLOMATIC AND PARLIAMENTARY PRACTICE, (edited by Lara Appicciafuoco, Pietro Gargiulo, Giuseppe Nesi, Marco Pertile and Valeria Santori), AGREEMENTS TO WHICH ITALY IS A PARTY, (edited by Federico Casolari, Marcello Di Filippo, Marco Gestri and Marina Mancini), LEGISLATION, (edited by Pia Acconci, with the co-operation of Chiara Battistini, Federico Lenzerini, Massimiliano Montini and Gianluca Rubagotti), BIBLIOGRAPHIES, ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2004, (edited by Giulio Bartolini, Alessandro Chechi, Federico Lenzerini and Massimiliano Montini), REVIEW OF BOOKS, BOOKS RECEIVED, INDEX

Volume

v. 15 : 2005 ISBN 9789004156609

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XV (2005) is organised in three main sections. The first contains doctrinal contributions including articles on the implementation of the judgments of the European Court of Human Rights; the UN Charter reform, focusing on the new Human Rights Council and Peacebuilding Commission and on environmental governance; and minority protection in Italy. This section includes also notes on current judicial and legislative developments in the field of terrorism, on criminal responsibility for cultural crimes and on the new environmental liability regime for Antarctica. In addition to the traditional surveys (ITLOS, ILC, WTO), this volume features a new survey on the ICJ. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook. For more information on this yearbook please visit the website of the Italian Yearbook of International Law.

Table of Contents

List of Abbreviations, Articles, New Practice Regarding the Implementation of the Judgments of the Strasbourg Court, Lucius Caflisch, The United Nations Human Rights Council, Gian Luca Burci, The UN Peacebuilding Commission, Giuseppe Nesi, The 2005 Un World Summit and The Environment: The Proverbial Half-Full Glass?, Elisa Morgera, Minority Census And Declaration of Membership in a Minority - A Pillar of The South Tyrolean Autonomy under International Scrutiny, Peter Hilpold, Issues of Attribution to States of Private Acts: Between the Concept of De Facto Organs and Complicity, Eduardo Savarese, Notes and Comments, Fundamental Rights and Article 103 of The UN Charter Before the Court of First Instance of the European Communities, Elena Sciso, The House of Lords Ruling on Torture: A. And Others V. Secretary Of State for The Home Department, Rory Stephen Brown, The Italian 2005 Anti-Terrorism Legislation in the Light of International Human Rights Obligations, Andrea Saccucci, Advancing the Protection of Cultural Property Through the Implementation of Individual Criminal Responsibility: The Case-Law of the International Criminal Tribunal for The Former Yugoslavia, Micaela Frulli, A Liability Regime for Antarctica, Patrizia Vigni, The Activity Of The International Court Of Justice In 2005, Paolo Palchetti, The International Tribunal for The Law Of The Sea (2005), Tullio Treves, The Activity of the International Law Commission During its 56th Session (2004), Massimo Iovane, The Activity of the International Law Commission During its 57th Session (2005), Massimo Iovane, The Activity of the World Trade Organization (2005), Federico Lenzerini and Massimiliano Montini, Italian Practice Relating to International Law, Judicial Decisions, Edited by Giuseppe Cataldi and Massimo Iovane, Diplomatic and Parliamentary Practice, Edited by Lara Appicciafuoco, Pietro Gargiulo, Giuseppe Nesi, Marco Pertile and Valeria Santori, Agreements to which Italy is a Party, Edited by Federico Casolari and Marina Mancini), Legislation, Edited by Pia Acconci, With the Co-Operation of Chiara Battistini, Massimiliano Montini and Gianluca Rubagotti, Bibliographies, Italian Bibliographical Index Of International Law 2005, Edited by Giulio Bartolini and Alessandro Chechi, Review of Books, Books Received, Index.

Volume

v. 16 : 2006 ISBN 9789004164468

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVI (2006) is organised in three main sections. The first contains doctrinal contributions including articles on the 2006 conflict in Lebanon, on the historical contribution of Francisco Suarez to the concept of international community, and on recent developments in the field of international environmental law. This section includes also shorter notes on current developments in the field of minority protection, State immunity in relation to Argentine bonds claims, as well as the surveys of the practice of ICJ, ITLOS, ILC, WTO and the European Court of Human Rights. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Table of Contents

• ARTICLES
• The 2006 Conflict in Lebanon and International Law, Natalino Ronzitti
• Who Was Calling Whose Shots? - Hezbollah and Lebanon in the 2006 Armed Conflict with Israel, Carsten Hoppe
• Customary Foundations of Jus Gentium in Francisco Suarez's Thought and the Concept of International Community in Contemporary International Law, Carlo Focarelli
• The Nature of the Convention on Biological Diversity and Its Application of Components of the Concept of Sustainable Development, Veit Koester
• The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms, Cesare Pitea
• The Rule of Prior Exhaustion of Local Remedies in the Context of Human Rights Protection, Silvia D'Ascoli and Kathrin Maria Scherr
• Monetary Regionalism: A Challenge to the IMF, Annamaria Viterbo
• NOTES AND COMMENTS
• The Right to Linguistic Identity and the Census in the Province of Bolzano: A Reply to Hilpold, Sergio Bartole
• State Immunity and the Protection of Private Investors: The Argentine Bonds Case before Italian Courts, Beatrice I. Bonafe
• Yugoslavia Dissolution before the ICJ: The Need for a New Approach to State Succession, Paola Puoti
• The Activity of the International Court of Justice in 2006, Paolo Palchetti
• The International Tribunal for the Law of the Sea and other Law of the Sea Jurisdictions (2006), Tullio Treves
• The Activity of the International Law Commission during Its 58th Session (2006), Massimo Iovane
• The Activity of the World Trade Organization (2006), Federico Lenzerini and Massimiliano Montini
• Review of Judgments and Decisions Delivered in 2005 and 2006 by the European Court of Human Rights on Subjects Relevant to International Law, Simona Granata
• ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW
• Judicial Decisions, (edited by Giuseppe Cataldi and Massimo Iovane)
• Diplomatic and Parliamentary Practice, (edited by Lara Appicciafuoco, Pietro Gargiulo, Giuseppe Nesi, Marco Pertile and Valeria Santori)
• Agreements to Which Italy Is a Party, (edited by Federico Casolari and Marina Mancini)
• Legislation, (edited by Pia Acconci, with the co-operation of Chiara Battistini, Martina Guidi, Federico Lenzerini, Massimiliano Montini and Gianluca Rubagotti)
• BIBLIOGRAPHIES
• Italian Bibliographical Index of International Law 2006, (edited by Giulio Bartolini and Alessandro Chechi)
• REVIEW OF BOOKS
• Benedetto Conforti, Diritto internazionale, 7th ed., Napoli, Editoriale Scientifica, 2006 (Bruno Simma)
• Tullio Treves, Diritto internazionale. Problemi fondamentali, Milano, Giuffre, 2005 (Monique Sasson)
• Philip Alston (ed.), Non-State Actors and Human Rights ,Oxford University Press, Oxford et al., 2005 - Andrew Clapham, Human Rights Obligations of Non-State Actors, Oxford University Press, Oxford et al., 2006 (Massimo Iovane)
• Paul Tavernier (ed.),Recueil juridique des droits de l'homme en Afrique, Vol. II (2000-2004), Collection du Centre de Recherches sur les droits de l'homme et le droit humanitaire, Bruxelles, Bruylant, 2005 (Massimo Iovane)
• Tal Becker, Terrorism and the State. Rethinking the Rules of State Responsibility, Hart Publishing, Oxford and Portland, Oregon, 2006 (Raffaella Nigro)
• BOOKS RECEIVED
• INDEX.

Volume

v. 17 : 2007 ISBN 9789004173255

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organisations and UN Security Council's targeted sanctions, and on the participation of amici curiae in investor-State arbitrations. This section includes also shorter notes on current developments in the field of private military contractors and foreign direct investment in the recovery of cultural heritage, as well as surveys of the practice of ICJ, ITLOS, international criminal tribunals, WTO, ICSID, and the ECtHR. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Table of Contents

• LIST OF ABBREVIATIONS ARTICLES Editorial: Focus on Access to Justice, Francesco Francioni
• The Right of Access to Justice in the Inter-American System of Human Rights Protection, Antonio Augusto Cancado Trindade
• Legal Remedies Against Security Council Targeted Sanctions: De Lege Lata and de Lege Ferenda Options for Enhancing The Protection of the Individual, Marco Gestri
• Individual Remedies Against Security Council Targeted Sanctions, Annalisa Ciampi
• Individual Right of Access to Justice and Immunity of International Organisations: An Italian Perspective, Marcello Di Filippo
• Amicus Curiae Participation in Investor-state Arbitral Proceedings, Eduardo Savarese
• NOTES AND COMMENTS
• The Blackwater Scandal: Legal Black Hole or Unwillingness to Prosecute Private Military Contractors?Giulia Pinzauti
• The Challenge of Reconciling Underwater Cultural Heritage and Foreign Direct Investment: A Case Study, Valentina Sara Vadi
• The Activity of the International Court of Justice in 2007, Paolo Palchetti
• The International Tribunal for the Law of the Sea and other Law of the Sea Jurisdictions (2007), Tullio Treves
• International Criminal Justice (2007), Carlo Focarelli
• The Activity of the World Trade Organization (2007), Federico Lenzerini and Massimiliano Montini
• The Arbitral Practice of the International Centre for Settlement of Investment Disputes (ICSID) in 2007, Eduardo Savarese
• Review of Judgments and Decisions Delivered in 2007 by the European Court of Human Rights on Subjects Relevant to International Law, Simona Granata
• ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW
• Judicial Decisions, (edited by Giuseppe Cataldi and Massimo Iovane)
• Diplomatic and Parliamentary Practice, (edited by Pietro Gargiulo and Giuseppe Nesi
• Agreements to Which Italy Is a Party and Agreements and Understandings to Which Italian Regions and Autonomous Provinces are Parties, (edited by Marina Mancini)
• Legislation, (edited by Pia Acconci)
• BIBLIOGRAPHIES
• Italian Bibliographical Index of International Law 2007, (edited by Giulio Bartolini and Alessandro Chechi)
• REVIEW OF BOOKS
• Antonio Augusto Cancado Trindade, International Law for Humankind: Towards a New Jus Gentium, 2 Volumes, Leiden, Martinus Nijhoff, (Benedetto Conforti)
• John Quigley, The Genocide Convention: An International Law Analysis, Aldershot, Ashgate, 2006 (Raffaella Nigro)
• Katja Creutz, Transnational Privatised Security and the International Protection of Human Rights,Helsinki, The Erik Castren Institute of International Law and Human Rights, 2006 (Letizia Cinti). BOOKS RECEIVED
• INDEX.

Volume

v. 18 : 2008 ISBN 9789004182370

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XVIII (2008) marks the tenth anniversary of the New Series of the IYIL. The Volume is organised in three sections. The first is thematically structured around a main topic and a series of doctrinal contributions on relevant and topical issues of international law. The feature theme of this volume is controversial territorial situations and the role of recognition and secession. The articles by Gioia and Tancredi bring valuable insights and intellectual rigour in this debate, while the piece by Serra examines the related issue of the legal consequences of the continued presence of the international civil administration in Kosovo. The other main articles provide innovative perspectives on two important issues: the status of private military companies in the law of armed conflicts (Sossai) and the recurring question of the treatment of WTO law by the European Community Courts (Gattinara). Doctrinal contributions also include a variety of notes covering timely topics such as the role of IAEA in the fight against nuclear terrorism, the controversial return by Italy of cultural treasures to Libya, and the choice of forum in human rights adjudication. The usual surveys on the activities of the ICJ, the ILC, the ECtHR, ICSID, international criminal justice, and the Italian practice occupy the rest of this section. The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

Table of Contents

• CONTENTS LIST OF ABBREVIATIONS Foreword ARTICLES KOSOVO'S STATEHOOD AND THE ROLE OF RECOGNITION Andrea Gioia NEITHER AUTHORIZED NOR PROHIBITED? SECESSION AND INTERNATIONAL LAW AFTER KOSOVO, SOUTH OSSETIA AND ABKHAZIA Antonello Tancredi THE INTERNATIONAL CIVIL ADMINISTRATION IN KOSOVO: A COMMENTARY ON SOME MAJOR LEGAL ISSUES Gianluca Serra STATUS OF PRIVATE MILITARY COMPANIES' PERSONNEL IN THE LAWS OF WAR: THE QUESTION OF DIRECT PARTICIPATION IN HOSTILITIES Mirko Sossai WTO LAW IN LUXEMBOURG: INCONSISTENCIES AND PERSPECTIVES Giacomo Gattinara NOTES AND COMMENTS THE INTERNATIONAL ATOMIC ENERGY AGENCY, NUCLEAR SECURITY AND THE FIGHT AGAINST INTERNATIONAL TERRORISM Andrea Gioia THE RETURN OF CULTURAL OBJECTS REMOVED IN TIMES OF COLONIAL DOMINATION AND INTERNATIONAL LAW: THE CASE OF THE VENUS OF CYRENE Alessandro Chechi CHOICE OF FORUM IN INTERNATIONAL HUMAN RIGHTS ADJUDICATION AND THE UNITY/FRAGMENTATION DEBATE: IS PLURALITY THE WAY FORWARD? Lucas Lixinski THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2008 Paolo Palchetti INTERNATIONAL CRIMINAL JUSTICE (2008) Carlo Focarelli THE ACTIVITY OF THE INTERNATIONAL LAW COMMISSION DURING ITS 59TH SESSION (2007) Massimo Iovane THE ACTIVITY OF THE INTERNATIONAL LAW COMMISSION DURING ITS 60TH SESSION (2008) Massimo Iovane THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2008 Eduardo Savarese REVIEW OF JUDGMENTS AND DECISIONS DELIVERED IN 2008 BY THE EUROPEAN COURT OF HUMAN RIGHTS ON SUBJECTS RELEVANT TO INTERNATIONAL LAW Simona Granata ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme JUDICIAL DECISIONS (edited by Giuseppe Cataldi and Massimo Iovane) III. STATES AND OTHER SUBJECTS OF INTERNATIONAL LAW Immunity of foreign States from jurisdiction in civil matters as a customary rule automatically incorporated into the Italian legal order by virtue of Article 10, paragraph 1, of the Constitution - Compensation to the victims of gross violations of human rights committed during World War II - Human rights exception to immunity from jurisdiction - International responsibility of Germany - Generally recognised norms of international law protecting the liberty and the dignity of every human being as jus cogens - Gross violations of human rights as international crimes - Treaty of Peace of 10 February 1947 - Economic and Financial Agreement of 2 June 1961 between Italy and Germany - Immunity from jurisdiction denied Corte di Cassazione (Sez. I penale), 13 January 2009, No. 1072 Criminal Proceedings against Josef Max Milde VIII. CULTURAL HERITAGE Customary obligation to return cultural property - Conventions on the Laws and Customs of War - Vienna Convention on Succession of States in respect of State Property, Archives and Debts - Restitution of art objects removed during colonial times - Prohibition of the use of force - Self-determination of peoples - Cooperation in cultural heritage issues Consiglio di Stato, 23 June 2008, No. 3154 336 Associazione nazionale Italia Nostra Onlus c. Ministero per i beni e le attivita culturali et al. X. TREATMENT OF ALIENS AND NATIONALITY Alien - Asylum-seeker - Recognition of refugee status - 1951 Geneva Convention Relating to the Status of Refugees - Need for international protection - Burden of proof relating to refugee status - Lack of documentary evidence - Good faith and credibility of the applicant - Benefit of the doubt Corte di Cassazione (Sezioni Unite civili), 17 November 2008, No. 27310 Ali Mohamed Hussain v. Ministry of Internal Affairs XI. HUMAN RIGHTS Medical treatments - Blood transfusions - Jehova's Witnesses - Right to health - Conscientious objection to transfusion of blood on religious grounds - Risk to life - Informed consent - Oviedo Convention of 4 April 1997 (Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine) Corte di Cassazione (Sez. III civile), 15 September 2008, No. 23676 G.M. v. Gestione Liquidatoria della soppressa USL/11 Pordenonese XII. INTERNATIONAL CRIMINAL LAW Jurisdiction over criminal acts committed by military personnel in the context of a multi-national force operating within the territory of a third country - Nature and extent of the "law of the flag" under international law - The principle of restrictive immunity of individuals-organs and its interaction with peremptory norms on the protection of civilians in wartime Corte di Cassazione, 24 July 2008, No. 31171 Lozano ("the Calipari case") XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS Relationships with foreign authorities - 1983 Strasbourg Convention on the Transfer of Sentenced Persons - Article 12: Pardon, amnesty, commutation - Special measures of pardon (Indulto) - Applicability - Interpretation of treaties Corte di Cassazione (Sezioni Unite penali), 23 September 2008, No. 36527 Napoletano XVIII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW Health - Principle of informed consent - Cross-fertilization - Oviedo Convention of 4 April 1997 (Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine) - Implementation of international treaties Corte di Cassazione (Sez. I civile), 16 October 2007, No. 21748 Englaro Status of the European Convention on Human Rights and Fundamental Freedoms within the hierarchy of sources of Italian Law in light of Article 117 of the Italian Constitution - Conflict between domestic laws and the European Convention on Human Rights - Interpretation of the European Convention on Human Rights Corte Costituzionale, 27 February 2008, No. 39 B.R. v. Provincia di Reggio Emilia et al. DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo and Giuseppe Nesi) II. LAW OF TREATIES AND OTHER SOURCES OF INTERNATIONAL LAW 1. Reservations to Treaties 2. Effects of Armed Conflicts on Treaties III. STATES AND OTHER INTERNATIONAL LAW SUBJECTS 1. Immunity of State Officials from Foreign Criminal Jurisdiction 2. Sovereignty over US and NATO Military Bases in Italy A. The Expansion of the US Military Base in Vicenza: Legal and Political Aspects B. Security Requirements for Nuclear Weapons in US Military Bases in Italy 3. Sovereignty and Territorial Integrity A. The Italian and the EU Position on the Crisis between Georgia and Russia X. TREATMENT OF ALIENS AND NATIONALITY 1. Expulsion of Aliens 2. Expulsion of Aliens in the Framework of the Fight against Terrorism (Italy's Practice Concerning Diplomatic Assurances and the Relevant ECtHR Case-Law) XI. HUMAN RIGHTS 1. Human Rights Protection in the Fight against Terrorism 2. Protection of Persons in the Event of Disasters XII. INTERNATIONAL CRIMINAL LAW 1. International Tribunals XIII. INTERNATIONAL RESPONSIBILITY 1. Responsibility of International Organizations XIV. INTERNATIONAL DISPUTE SETTLEMENT 1. Means for Peaceful Dispute Settlement XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS 1. Judicial Co-operation in Criminal Matters A. Obligation to Extradite or Prosecute 2. Economic Co-operation and the Fight against Illegal Immigration A. Initiatives of the Italian Government to Curb the Flow of Migrants to Italy: The Bilateral Agreement with Libya B. The Friendship, Partnership and Co-operation Treaty between Italy and Libya XVII. INTERNATIONAL ORGANIZATIONS 1. United Nations A. United Nations Reform B. Children and Armed Conflicts C. United Nations Transitional Administrations: The Developments of the Situation in Kosovo and the Relationship between UNMIK and EULEX D. United Nations Ad Hoc Tribunals (ICTY/ICTR) E. The Situation in Darfur: The Relations between the United Nations Security Council and the International Criminal Court F. Mediation and Settlement of Disputes G. Women, Peace and Security H. The Iranian Nuclear Programme: Italy's Position Concerning Security Council Sanctions 2. T he European Union A. The Fight against Terrorism: Italy's Position Concerning the EU "Terrorist List", with Special Reference to the People's Mujahedin Organization of Iran (PMOI) XIX. USE OF FORCE SHORT OF WAR AND PEACE-KEEPING 1. International Measures to Fight Piracy, with Special Reference to the Situation in Somalia 2. Italy's Participation in the International Mission in Afghanistan A. Italy's Participation in ISAF: Mandate, Use of Force and Rules of Engagement 3. Peace-keeping Mission in Lebanon A. Italy's Participation in UNIFIL: Use of Force and Rules of Engagement XX. WAR, NEUTRALITY, AND DISARMAMENT 1. Weapons of Mass Destruction 2. T he Convention on Cluster Munitions AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONO MOUS PROVINCES ARE PARTIES (edited by Marina Mancini) I AGREEMENTS TO WHICH ITALY IS A PARTY A) AGREEMENTS SIGNED BY ITALY, PUBLISHED IN THE GAZZETTA UFFICIALE IN 2008 IV. DIPLOMATIC AND CONSULAR RELATIONS VII. ENVIRONMENT X. T REATMENT OF ALIENS AND NATIONALITY 1. Nationality 2. Immigration and Emigration XI. HUMAN RIGHTS XV. CO -OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS 1. General Economic and Financial Co-operation 2. Taxation 3. Investment 4. Economic Development and Development Co-operation 5. Debt Consolidation and Cancellation Treaties 6. Transport, Traffic, Communication 7. Social and Health Matters 8. Cultural, Educational, Scientific and Technological Cooperation 9. Legal and Judicial Co-operation 10. C o-operation against Terrorism 11. Military and Security Matters 12. Neighbourly Relations 13. Friendship and Co-operation Treaties XVII. INTERNATIONAL ORGANIZATIONS 1. Headquarters Agreements and Legal Status 2. European Union 3. NAT O 4. Other International Organizations XX. WAR, NEUTRALITY, AND DISARMAMENT B) AGREEMENTS SIGNED BY ITALY, PUBLISHED BEFORE 2008, THE ENTRY INTO FORCE OF WHICH WAS ANNOUNCED IN THE GAZZETTA UFFICIALE IN 2008 XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS 1. General Economic and Financial Co-operation 2. Taxation 3. Cultural, Educational, Scientific and Technological Co-operation 4. Technical Co-operation 5. Military and Security Matters II AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES A) AGREEMENTS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2008 CAMPANIA EMILIA-ROMAGNA LOMBARDIA B) UNDERSTANDINGS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2008 ABRUZZO CAMPANIA FRIULI-VENEZIA GIULIA LOMBARDIA MARCHE SICILIA VENETO LEGISLATION (edited by Pia Acconci) VII. ENVIRONMENT X. TREATMENT OF ALIENS AND NATIONALITY 1. Immigration and Emigration XV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS 1. Co-operation in Security Matters XIX. USE OF FORCE SHORT OF WAR AND PEACE-KEEPING BIBLIOGRAPHIES ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2008 (edited by Giulio Bartolini and Alessandro Chechi) REVIEW OF BOOKS Dieter Fleck (ed.), The Handbook of International Humanitarian Law, 2nd ed., Oxford, Oxford University Press, 2008 (Natalino Ronzitti)
• Rudolf Dolzer and Christoph Schreuer, Principles of International Investment Law, Oxford, Oxford University Press, 2008 (Giorgio Sacerdoti)
• Andreas L. Lowenfeld, International Economic Law, 2nd ed., Oxford, Oxford University Press, 2008 (Giorgio Sacerdoti)
• Tom Farer, Confronting Global Terrorism and American Neo-Conservatism. The Framework of a Liberal Grand Strategy, Oxford/New York, Oxford University Press, 2008 (Pietro Gargiulo)
• Andrea Bianchi and Alexis Keller (eds.), Counterterrorism: Democracy's Challenge, Oxford/Portland, Hart Publishing, 2008 (Rory Stephen Brown)
• Francesco Francioni (ed.) (with the assistance of Federico Lenzerini), The 1972 World Heritage Convention. A Commentary, Oxford, Oxford University Press, 2008 (Sabrina Urbinati). BOOKS RECEIVED INDEX

Volume

v. 19 : 2009 ISBN 9789004201156

Description

The mission of The Italian Yearbook of International Law is to make accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XIX (2009) features a series of contributions arising from a Symposium on "International Law in Italian Courts: Ten Years of Jurisprudence" held in April 2010 at the European University Institute. Following a general article on the substantive and methodological issues arising from the Italian jurisprudence relating to international law in the past decade, this section focuses on four specific areas of jurisprudential development which have attracted widespread interest as well as criticism. These areas are: i) jurisdictional immunities of foreign States and international organizations; ii) international terrorism; iii) treatment of migrants; iv) execution of human rights obligations flowing from the ECHR. Each of these is dealt with by way of a general article followed by comments from leading scholars in the respective fields (e.g. Reinisch, Nollkaemper, Scheinin). The general coordination of the Symposium has been ensured by Riccardo Pavoni. The doctrinal section of the volume is complemented by a variety of notes covering such significant topics as reparations for wartime damage, the legal basis of Security Council Chapter VII resolutions, and the status of military sunken vessels. Surveys on the activities of the ICJ, the ITLOS, the ECtHR, ICSID, and international criminal courts and tribunals occupy the rest of this section. The second section of the volume covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation which includes the main judicial cases and legal instruments cited throughout the Yearbook.

Table of Contents

For the full table of contents please see the download version in the right hand margin of the website page. Short table of contents: Jurisdictional Immunities of Foreign States and International Organizations COMMENTS International Terrorism COMMENTS Treatment of Migrants COMMENTS Execution of ECHR Obligations and ECtHR Judgments COMMENTS NOTES AND COMMENTS ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW BIBLIOGRAPHIES Review of Books Books Received INDEX

Volume

v. 20 : 2010 ISBN 9789004222038

Description

The mission of The Italian Yearbook of International Law is to make accessible to the English speaking public the Italian contribution to the practice and scholarship of international law. Volume XX (2010) features a cluster of contributions arising from a Symposium on "The Future of the ECHR System" hosted in April 2011 by the University of Napoli "L'Orientale" in the island of Procida. The symposium addressed the current challenges facing the European Convention on Human Rights and the European Court of Human Rights.

Table of Contents

LIST OF ABBREVIATIONS Symposium: THE FUTURE OF THE ECHR SYSTEM PRESENTATION OF THE SYMPOSIUM Giuseppe Cataldi The ECHR System and International Law THE NOTION OF "JURISDICTION" IN ARTICLE 1: FUTURE SCENARIOS FOR THE EXTRA-TERRITORIAL APPLICATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS Raffaella Nigro SUBSTANTIVE AND PROCEDURAL ISSUES RAISED BY THE ACCESSION OF THE EU TO THE ECHR Ottavio Quirico THE ECHR AND THE IMMUNITIES PROVIDED BY INTERNATIONAL LAW Beatrice I. Bonafe Comments THE NOTION OF "CONTRACTING PARTIES' JURISDICTION" UNDER ARTICLE 1 OF THE ECHR: SOME MARGINAL REMARKS ON NIGRO'S PAPER Pasquale De Sena COMMENTS ON THE ACCESSION OF THE EUROPEAN UNION TO THE ECHR Benedetto Conforti EU ACCESSION TO THE ECHR: A PARLIAMENTARY PERSPECTIVE Emilio De Capitani ACCESS TO A COURT AND JURISDICTIONAL IMMUNITIES OF STATES: WHAT SCOPE FOR THE BALANCING OF INTERESTS TEST? Marco Gestri General Aspects of the Functioning of the ECHR System THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RULE OF PRIOR EXHAUSTION OF DOMESTIC REMEDIES IN INTERNATIONAL LAW Antonio Bultrini MANIFEST ILL-FOUNDEDNESS AND ABSENCE OF A SIGNIFICANT DISADVANTAGE AS INADMISSIBILITY CRITERIA OF INADMISSIBILITY FOR THE INDIVIDUAL APPLICATION TO THE COURT Simona Granata THE APPLICATION OF THE ECHR IN THE DOMESTIC SYSTEMS Andrea Caligiuri and Nicola Napoletano Comments REFLECTIONS ON THE RULE OF PRIOR EXHAUSTION OF DOMESTIC REMEDIES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS Guido Raimondi THE LINK BETWEEN MANIFEST ILL-FOUNDEDNESS AND ABSENCE OF A SIGNIFICANT DISADVANTAGE AS INADMISSIBILITY CRITERIA FOR INDIVIDUAL APPLICATIONS Francoise Tulkens THE VALUE OF THE JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS FOR THE COURTS OF THE RESPONDENT STATE: DOMESTIC JUDICIAL DECISION IN FAVOUR OF THE APPLICANT AND THE PRINCIPLE OF "DOING AS MUCH AS POSSIBLE" Pasquale Pirrone General Conclusion on the Symposium CONCLUDING REMARKS ON THE FUTURE OF THE STRASBOURG COURT Jean-Paul Costa NOTES AND COMMENTS THE EVOLVING NOTION OF PERSECUTION IN THE LAW AND JURISPRUDENCE OF INTERNATIONAL CRIMINAL TRIBUNALS Ottavio Quirico TIED DEVELOPMENT AID: A STUDY ON SOME MAJOR LEGAL ISSUES Giuseppe Cataldi and Gianluca Serra INTERNATIONAL MONETARY FUND, WORLD BANK AND RESPECT FOR HUMAN RIGHTS: A CRITICAL POINT OF VIEW Pasquale De Sena THE DISMANTLING OF END-OF-LIFESHIPS: THE HONG KONG CONVENTION FOR THE SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS Valentina Rossi THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2010 Paolo Palchetti THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2010) Tullio Treves INTERNATIONAL CRIMINAL JUSTICE (2010) Carlo Focarelli THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2010 Eduardo Savarese ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme JUDICIAL DECISIONS (edited by Giuseppe Cataldi and Massimo Iovane) V. IMMUNITIES Criminal jurisdiction of the receiving State over an extraordinary rendition committed on its territory by diplomatic, consular and military agents of the sending State - Diplomatic functions under Article 3(1)(b) the Vienna Convention on Diplomatic Relations of 18 April 1961 - Grave crime under Article 41(1) of the Vienna Convention on Consular Relations of 24 April 1963 - Exclusive jurisdiction of the receiving State under Article VII(2)(b) of the Agreement between the Parties of the North Atlantic Treaty Regarding the Status of Their Forces of 19 June 1951 - International human rights law - Crime of torture Tribunale di Milano (Sez. IV penale) , 1 February 2010, No. 12428 Public Prosecutor v. Adler and others (the "Abu Omar case") VII. LAW OF THE SEA Foreign vessel - Seizure in the contiguous zone - Crime of aiding and abetting illegal immigration - Lack of Italian jurisdiction - Article 33 of the United Nations Convention on the Law of the Sea (UNCLOS) Corte di Cassazione (Sez. I penale) , 8 September 2010, No. 32960 Re: Kircaoglu Mehemet and Sanaga Mehemet XI. TREATMENT OF ALIENS AND NATIONALITY Interim measures - International terrorism - Prohibition of torture - Principle of non-refoulement - Alternative security measures - Obligations under the European Convention on Human Rights (ECHR) Corte di Cassazione (Sez. VI penale) , 28 April 2010, No. 20514 Arman Ahemed El Hissini Helmy, Maaouy Lofti Ben Sadok, Ben Yahia Mouldi Ben Rachid, Hekiri Hichem Nem Mohamed, Kneni Kamel, Sahraoui Nessim Ben Romdhane v. Corte d'Assise d'Appello di Milano XII. HUMAN RIGHTS Article 14 of the European Convention on Human Rights, in conjunction with Article 1 of Protocol No. 1 - Immigrants' right to equality of treatment in the field of social assistance - Different treatment on the basis of holding residence permits for long-term residents - Access to essential social benefits as a fundamental human right Corte Costituzionale, 28 May 2010, No. 187 O.M. v. Ministry of Economy and Finance et al. XIII. INTERNATIONAL RESPONSIBILITY State responsibility for gross human rights violations - Reparation - Non-applicability of statutory limitations to war crimes and crimes against humanity - Retroactivity of international criminal norms - Relationship between general international law and fundamental principles of constitutional law - Article 7, paragraph 2, of the European Convention for the Protection of Human Rights and Fundamental Freedoms - General principles of law recognised by civilised nations - Local customary international law - Article 94 of the Charter of the United Nations - Interpretation of the Treaty of Peace of 10 February 1947 - Interpretation of the Economic and Financial Agreement between Italy and Germany of 2 June 1961 - Convention respecting the Laws and Customs of War on Land of 18 October 1907 - Convention relative to the Treatment of Prisoners of War of 27 July 1929 Tribunale di Torino, 19 May 2010 De Guglielmi v. Germany DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo and Giuseppe Nesi) II. INTERNATIONAL CUSTOM, LAW OF TREATIES AND OTHER SOURCES OF INTERNATIONAL LAW 1. Reservations to Treaties 2. Effects of Armed Conflicts on Treaties XII. HUMAN RIGHTS 1. Promotion of Democracy and Respect forFundamental Rights A. The Italian Government's Reply to the United Nations Human Rights Council in the Context of the Universal Periodic Review B. The Reaction of the Italian Government to the Capital Sentence for the Former Minister of Foreign Affairs of Iraq, Mr. Tareq Aziz C. The Situation of Human Rights and Self-Determination in Western Sahara D. The Principles of Humanitarian Assistance and the Protection of Minorities in Pakistan 2. Protection of Persons in the Event of Disasters XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIO-ECONOMIC MATTERS 1. Judicial Co-operation in Criminal Matters XVI. INTERNATIONAL ORGANIZATIONS 1. United Nations A. United Nations Reform B. Promotion and Strengthening of the Rule of Law C. Protection of Civilians in Armed Conflict 2. The European Union A. Possible Consequences for the Legal System of the European Union Deriving from Its Participation in the Convention for the Protection of Human Rights and Fundamental Freedoms XVIII. USE OF FORCE AND PEACE-KEEPING 1. The Role of the Italian Contingent in Afghanistan 2. The Qualification of the Conflict with Iraq During the "First Gulf War" 1990-1991 XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT 1.Weapons of Mass Destruction AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES (edited by Marina Mancini) I. AGREEMENTS TO WHICH ITALY IS A PARTY A) AGREEMENTS SIGNED BY ITALY, PUBLISHED IN THE GAZZETTA UFFICIALE IN 2010 III. STATES AND OTHER INTERNATIONAL ENTITIES IV. DIPLOMATIC AND CONSULAR RELATIONS VI. TERRITORY VII. LAW OF THE SEA IX. CULTURAL XII. HUMAN RIGHTS XII. HUMAN RIGHTS XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIO-ECONOMIC MATTERS 1. Legal and Judicial Co-operation 2. Military and Security Matters 3. Cultural, Educational, Scientific and Technological Co-operation 4. Technical Co-operation 5. Social and Health Matters 6. Tourism 7. Transport 8. Neighbourly Relations XV. INTERNATIONAL ECONOMIC LAW 1. General Economic and Financial Co-operation 2. Taxation 3. Investment 4. Economic Development and Development Co-operation 5. Debt Consolidation and Cancellation Treaties XVI. INTERNATIONAL ORGANIZATIONS 1. Headquarters Agreements and Legal Status 2. European Union 3. OtherInternational Organizations XVIII. USE OF FORCE AND PEACE-KEEPING B) AGREEMENTSSIGNED BY ITALY, PUBLISHED BEFORE2010, THEENTRY INTOFORCEOF WHICH WASANNOUNCED INTHEGAZZETTA UFFICIALE IN2010 VI. TERRITORY IX. CULTURAL HERITAGE XII. HUMAN RIGHTS XIV. CO-OPERATIONINJUDICIAL, LEGAL, SECURITY, AND SOCIO-ECONOMICMATTERS 1. Legaland JudicialCo-operation 2. Cultural, Educational, Scientific and TechnologicalCo-operation 3. Tourism XV. INTERNATIONAL ECONOMICLAW 1. Taxation 2. Investment XVI. INTERNATIONAL ORGANIZATIONS 1. European Union 2. Other Internationalorganizations XVIII. USEOF FORCEAND PEACE-KEEPING XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT II. AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES A) AGREEMENTS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2010 AUTONOMOUS PROVINCEOF TRENTO BASILICATA FRIULI-VENEZIA GIULIA LOMBARDIA B) UNDERSTANDINGS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2010 ABRUZZO AUTONOMOUSPROVINCEOF BOLZANO AUTONOMOUSPROVINCEOF TRENTO LOMBARDIA MARCHE PUGLIA VENETO LEGISLATION (edited by Pia Acconci) V. IMMUNITIES XI. TREATMENTOF ALIENSAND NATIONALITY XV. INTERNATIONAL ECONOMICLAW XVI. INTERNATIONAL ORGANIZATIONS XVIII. USEOF FORCEAND PEACE-KEEPING BIBLIOGRAPHIES ITALIANBIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2010 (edited by Giulio Bartolini and Alessandro Chechi) REVIEW OF BOOKS BOOKS RECEIVED INDEX

Volume

v. 21 : 2011 ISBN 9789004245464

Description

The mission of The Italian Yearbook of International Law is to make the Italian contribution to the practice and literature of international law accessible to the English speaking public. Volume XXI (2011) features a Symposium on the international law questions arising from the Libyan crisis. The Symposium addresses: i) issues of jus ad bellum and jus in bello, such as the legality and limits of the NATO's intervention; ii) the recognition of the Libyan National Transitional Council; iii) the implementation of economic and financial sanctions in Italy; and iv) the prosecution of international crimes committed in Libya by the leaders of the former regime.

Table of Contents

• ITALIAN YEARBOOK OF INTERNATIONAL LAW Vol. XXI - 2011 TABLE OF CONTENTS Symposium: THE LIBYAN CRISIS AND INTERNATIONAL LAW 1. NATO'S INTERVENTION IN LIBYA: A GENUINE ACTION TO PROTECT A CIVILIAN POPULATION IN MORTAL DANGER OR AN INTERVENTION AIMED AT REGIME CHANGE? Natalino Ronzitti 2. THE NO-FLY ZONE OVER LIBYA: ENFORCEMENT ISSUES Luisa Vierucci 3. RECOGNITION OF THE LIBYAN NATIONAL TRANSITIONAL COUNCIL: WHEN, HOW AND WHY Giuseppe Nesi 4. THE SECURITY COUNCIL'S ASSET FREEZE AGAINST GADDAFI'S LIBYA AND ITS IMPLEMENTATION IN ITALY Giorgio Sacerdoti and Pia Acconci 5. THE DAY AFTER: PROSECUTING INTERNATIONAL CRIMES COMMITTED IN LIBYA Marina Mancini 6. BEYOND LIBYA: MORAL NORMS IN INTERNATIONAL LAW AND THE USE OF FORCE BY STATES Ciaran Burke Focus: THE ICJ JUDGMENT IN JURISDICTIONAL IMMUNITIES OF THE STATE (GERMANY V. ITALY: GREECE INTERVENING) 7. THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE ON THE IMMUNITY OF FOREIGN STATES: A MISSED OPPORTUNITY Benedetto Conforti 8. AN AMERICAN ANOMALY? ON THE ICJ'S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL IMMUNITIES OF THE STATE Riccardo Pavoni 9. JUS COGENS AND JURISDICTIONAL IMMUNITIES OF STATES AT THE INTERNATIONAL COURT OF JUSTICE: A CONFLICT DOES EXIST Carlos Esposito 10. ARE ITALIAN COURTS DIRECTLY BOUND TO GIVE EFFECT TO THE JURISDICTIONAL IMMUNITIES JUDGMENT? Mirko Sossai NOTES AND COMMENTS 11. UNLOCKING AND ADVANCING THE PROTECTION OF RELIGIOUS BELIEFS IN STRASBOURG: TOWARDS SUB-DIVIDING "THE PUBLIC SPHERE" John Morijn 12. COLLECTIVE ACTIONS IN ICSID ARBITRATION: THE ARGENTINE BONDS CASE Anna de Luca 13. TREATY-BASED INVESTMENT ARBITRATION AND THE MFN CLAUSE: THE POSSIBLE COMMON DENOMINATOR BETWEEN JURISDICTION AND ADMISSIBILITY Eduardo Savarese 14. THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2011 Paolo Palchetti 15. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2011) Tullio Treves 16. INTERNATIONAL CRIMINAL JUSTICE (2011) Carlo Focarelli 17. THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2011 Eduardo Savarese ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme 18. JUDICIAL DECISIONS (edited by Giuseppe Cataldi and Massimo Iovane) 19. DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo and Giuseppe Nesi) 20. AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES (edited by Chiara Altafin and Marina Mancini) 21. LEGISLATION (edited by Pia Acconci) BIBLIOGRAPHIES 22. ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2011 (edited by Giulio Bartolini and Alessandro Chechi) 23. REVIEW OF BOOKS RAYMOND PLANT, The Neo-Liberal State, Oxford, Oxford University Press, 2009 - ANDREW LANG, World Trade Law after Neoliberalism: Reimagining the Global Economic Order, Oxford, Oxford University Press, 2011 (Carlo Focarelli)
• JEAN D'ASPREMONT, Formalism and the Sources of International Law. A Theory of the Ascertainment of Legal Rules, Oxford, Oxford University Press, 2011 (Massimo Iovane)
• AUGUST REINISCH (ed.), Challenging Acts of International Organizations Before National Courts, Oxford, Oxford University Press, 2010 (Daniele Amoros)
• CLAUDIO DORDI (ed.), The Absence of Direct Effect of WTO in the EC and in Other Countries, Torino, Giappichelli, 2010 (Friedl Weiss)
• ULRICH BEYERLIN and THILO MARAUHN, International Environmental Law, Oxford, Hart Publishing, 2011 (Massimiliano Montini)
• ALDO LIGUSTRO and GIORGIO SACERDOTI (eds.), Problemi e tendenze del diritto internazionale dell'economia. Liber amicorum in onore di Paolo Picone, Napoli, Editoriale Scientifica, 2011 (Ottavio Quirico). 24. BOOKS RECEIVED 25. INDEX

Volume

v. 22 : 2012 ISBN 9789004266261

Description

This Volume features a focus on the international law issues raised by the fight against piracy, which includes a detailed analysis of the ongoing dispute between Italy and India arising from the Enrica Lexie incident involving the accidental killing of Indian fishermen in an anti-piracy operation (Ronzitti), an assessment of the impact of piracy on the development of the law of the sea (Treves) and a comment on recent Italian legislation authorizing the deployment of anti-piracy armed personnel on merchant vessels, with the attendant risk of escalation of violence and human rights violations (Bevilacqua).

Table of Contents

• ITALIAN YEARBOOK OF INTERNATIONAL LAW Vol. XXII - 2012 I. FOCUS ON PIRACY 1. THE ENRICA LEXIE INCIDENT: LAW OF THE SEA AND IMMUNITY OF STATE OFFICIALS ISSUES Natalino Ronzitti 2. THE FIGHT AGAINST PIRACY AND THE LAW OF THE SEA Tullio Treves 3. COUNTER PIRACY ARMED SERVICES, THE ITALIAN SYSTEM AND THE SEARCH FOR CLARITY ON THE USE OF FORCE AT SEA Giorgia Bevilacqua II. ARTICLES 4. PRIOR EXHAUSTION OF INTERNAL REMEDIES IN CASES INVOLVING THE INTERNATIONAL RESPONSIBILITY OF THE EUROPEAN UNION Simone Vezzani 5. TESTING AMICI CURIAE IN INTERNATIONAL LAW: RULES AND PRACTICE Luigi Crema 6. LUCI E OMBRE: THE BRIGHT AND DARK SIDES OF INTERNATIONAL HERITAGE LAW Lucas Lixinski 7. MEDICALLY ASSISTED PROCREATION AND INTERNATIONAL HUMAN RIGHTS LAW Ilja Richard Pavone III. NOTES AND COMMENTS 8. ITALY'S COMPLIANCE WITH ICJ DECISIONS VS. CONSTITUTIONAL GUARANTEES: DOES THE "COUNTER-LIMITS" DOCTRINE MATTER? Fulvio Maria Palombino 9. DOMESTIC WORKERS' HUMAN RIGHTS VERSUS DIPLOMATIC IMMUNITY: DEVELOPMENTS IN INTERNATIONAL AND NATIONAL JURISPRUDENCE Fulvia Staiano IV. PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS 10. THE JUDICIAL ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2012: A YEAR OF HUMAN RIGHTS CASES Daniele Amoroso 11. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2012) Tullio Treves 12. INTERNATIONAL CRIMINAL JUSTICE (2012) Carlo Focarelli 13. WTO CASE LAW IN 2012 Giorgio Sacerdoti (ed.) 14. THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2012 Eduardo Savarese V. ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme 15. JUDICIAL DECISIONS (edited by Giuseppe Cataldi and Massimo Iovane) 16. DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo and Giuseppe Nesi) 17. AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES (edited by Chiara Altafin and Marina Mancini) 18. LEGISLATION (edited by Pia Acconci) VI. BIBLIOGRAPHIES 19. ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2012 (edited by Giulio Bartolini and Alessandro Chechi) 20. REVIEW OF BOOKS (edited by Marco Gestri) ROGER O'KEEFE and CHRISTIAN J. TAMS (eds.), The United Nations Convention on Jurisdictional Immunities of States and Their Property. A Commentary, Oxford, Oxford University Press, 2013 (Natalino Ronzitti)
• CARLO FOCARELLI, International Law as Social Construct. The Struggle for Global Justice, New York, Oxford University Press, 2012 (Daniele Amoroso)
• ERIKA DE WET and JURE VIDMAR (eds.), Hierarchy in International Law: The Place of Human Rights, Oxford, Oxford University Press, 2012 (Massimo Iovane)
• EMMANUELLE JOUANNET and IULIA MOTOC (eds.), Les doctrines internationalistes durant les annees du communisme reel en Europe/Internationalist Doctrines during the Years of Real Communism in Europe, Paris, Societe de Legislation Comparee, 2012 (Carlo Focarelli). 21. BOOKS RECEIVED 22. INDEX

Volume

v. 23 : 2013 ISBN 9789004288898

Description

This Volume XXIII of the the Italian Yearbook of International Law opens with a symposium on current trends and challenges of international investment law and arbitration taking into account the 2013 Tokyo Resolution of the Institut de droit international. It contains contributions on foreign investments, sovereignty and the public good (Francioni), on the role of customary law in investment regulation (Vinuales), on fragmentation (Petersmann), on a development-friendly definition of investment (Acconci), on the transfer provisions of Bilateral Investment Treaties (De Luca) and on the impact on foreign investments of EU law (Savarese, Rizzo) and of the Libyan conflict (Franceschelli).

Volume

v. 24 : 2014 ISBN 9789004309951

Description

The mission of the The Italian Yearbook of International Law is to make available to the English speaking public the Italian contribution to the literature and practice of international law. It is fitting with this mission that this Volume XXIV opens with a focus on the controversial Judgment No. 238/2014 of the Italian Constitutional Court on the unconstitutionality of State immunity for international crimes. The five contributions by Francioni, Pisillo Mazzeschi, Bothe, Cataldi, and Palchetti provide a variety of opinions on the timely issue of how traditional doctrines of State immunity may be reconciled with the need to protect victims of international crimes and what kind of alternative forms of protection may be available when immunity prevents access to judicial remedies.

Table of Contents

CONTENTS LIST OF ABBREVIATIONS Editorial FROM DEFERENCE TO DISOBEDIENCE: THE UNCERTAIN FATE OF CONSTITUTIONAL COURT DECISION No. 238/2014 Francesco Francioni Focus JUDGMENT NO. 238/2014 OF THE ITALIAN CONSTITUTIONAL COURT ON THE CONSTITUTIONAL LEGALITY OF STATE IMMUNITY FOR INTERNATIONAL CRIMES ACCESS TO JUSTICE IN CONSTITUTIONAL AND INTERNATIONAL LAW: THE RECENT JUDGMENT OF THE ITALIAN CONSTITUTIONAL COURT Riccardo Pisillo Mazzeschi THE DECISION OF THE ITALIAN CONSTITUTIONAL COURT CONCERNING THE JURISDICTIONAL IMMUNITIES OF GERMANY Michael Bothe A HISTORIC DECISION OF THE ITALIAN CONSTITUTIONAL COURT ON THE BALANCE BETWEEN THE ITALIAN LEGAL ORDER'S FUNDAMENTAL VALUES AND CUSTOMARY INTERNATIONAL LAW Giuseppe Cataldi CAN STATE ACTION ON BEHALF OF VICTIMS BE AN ALTERNATIVE TO INDIVIDUAL ACCESS TO JUSTICE IN CASE OF GRAVE BREACHES OF HUMAN RIGHTS? Paolo Palchetti Symposium NEW HORIZONS IN INTERNATIONAL ENVIRONMENTAL LAW NEGOTIATING CONSERVATION AND SUSTAINABLE USE OF MARINE BIOLOGICAL DIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION: PROSPECTS AND CHALLENGES Tullio Scovazzi THE RISE OF "INTERNAL ENVIRONMENTAL CONFLICTS" WITHIN THE GREEN ECONOMY Massimiliano Montini JUSTICE, EQUITY AND BENEFIT-SHARING UNDER THE NAGOYA PROTOCOL TO THE CONVENTION ON BIOLOGICAL DIVERSITY Elisa Morgera CLIMATE GOVERNANCE TOWARDS "PARIS-2015" AND BEYOND: EU AND US PERSPECTIVES Christine Bakker PROTECTION AND PRESERVATION OF THE ARCTIC MARINE ENVIRONMENT Claudia Cinelli THE INTEGRATION OF ENVIRONMENTAL PROTECTION CONSIDERATIONS WITHIN THE HUMAN RIGHTS LAW REGIME: WHICH SOLUTIONS HAVE BEEN PROVIDED BY REGIONAL HUMAN RIGHTS COURTS? Marie-Catherine Petersmann NOTES AND COMMENTS IS THERE A WAY TO ENSURE EFFECTIVE PROTECTION OF CULTURAL IDENTITIES IN THE OLD CITY OF JERUSALEM? Clementine Bories Fontana-Giusti SOVEREIGN DEFAULT AND LITIGATION: NML CAPITAL V. ARGENTINA Maria Rosaria Mauro THE ITALIAN IMPLEMENTATION OF THE COUNCIL OF EUROPE CONVENTION ON VIOLENCE AGAINST WOMEN AND VICTIMS' RIGHTS TO REPARATIONS Fulvia Staiano THE INTERPLAY BETWEEN INTERNATIONAL LAW AND NATIONAL LAW IN THE FIRST ITALIAN PROSECUTION OF PIRACY: THE M/V MONTECRISTO CASE Marta Bo PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS THE JUDICIAL ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2014 Daniele Amoroso THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2014) Tullio Treves INTERNATIONAL CRIMINAL JUSTICE (2014) Carlo Focarelli THE WTO DISPUTE SETTLEMENT SYSTEM IN 2014 edited by Giorgio Sacerdoti THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2014 Eduardo Savarese ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme JUDICIAL DECISIONS (edited by Giuseppe Cataldi and Massimo Iovane) II. INTERNATIONAL CUSTOM, LAW OF TREATIES AND OTHER SOURCES OF INTERNATIONAL LAW III. STATES AND OTHER INTERNATIONAL ENTITIES IV. DIPLOMATIC AND CONSULAR RELATIONS V. IMMUNITIES VII. LAW OF THE SEA XIII. INTERNATIONAL CRIMINAL LAW XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT XVII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo and Giuseppe Nesi) II. INTERNATIONAL CUSTOM, LAW OF TREATIES AND OTHER SOURCES OF INTERNATIONAL LAW III. STATES AND OTHER INTERNATIONAL LAW SUBJECTS V. IMMUNITIES XI. TREATMENT OF ALIENS AND NATIONALITY XII. HUMAN RIGHTS XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS XVI. INTERNATIONAL ORGANIZATIONS XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES (edited by Chiara Altafin and Marina Mancini) I. AGREEMENTS TO WHICH ITALY IS A PARTY A) AGREEMENTS SIGNED BY ITALY, PUBLISHED IN THE GAZZETTA UFFICIALE IN 2014 IV. DIPLOMATIC AND CONSULAR RELATIONS VII. LAW OF THE SEA X. AIR AND SPACE LAW XII. HUMAN RIGHTS XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS XV. INTERNATIONAL ECONOMIC LAW XVI. INTERNATIONAL ORGANIZATIONS B) AGREEMENTS SIGNED BY ITALY, PUBLISHED BEFORE 2014, THE ENTRY INTO FORCE OF WHICH WAS ANNOUNCED IN THE GAZZETTA UFFICIALE IN 2014 XII. HUMAN RIGHTS XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS XV. INTERNATIONAL ECONOMIC LAW XVI. INTERNATIONAL ORGANIZATIONS II. AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES A) AGREEMENTS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2014 UMBRIA B) UNDERSTANDINGS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2014 AUTONOMOUS PROVINCE OF TRENTO LOMBARDIA TOSCANA UMBRIA LEGISLATION (edited by Pia Acconci) V. IMMUNITIES XI. TREATMENT OF ALIENS AND NATIONALITY XII. HUMAN RIGHTS XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS XVIII. USE OF FORCE AND PEACE-KEEPING BIBLIOGRAPHIES ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2014 (edited by Giulio Bartolini and Alessandro Chechi) REVIEW OF BOOKS (edited by Marco Gestri) INDEX

Volume

v. 25 : 2015 ISBN 9789004338500

Description

The mission of the The Italian Yearbook of International Law is to make available to the English speaking public the Italian contribution to the literature and practice of international law. Volume XXV of the Italian Yearbook of International Law opens with pieces dedicated to the memory of Professor Conforti and Professor Ferrari Bravo, two founding members of the Board of Editors of the IYIL who passed away in early 2016. There follows a section devoted to a number of challenges for international and European law raised by the ongoing migratory crisis as well as timely contributions on the legal regime governing wrecks of warships and other State-owned ships in the light of the 2015 resolution of the Institut de droit international . Among other topics it contains overviews of the 2015 activities of the ICJ, the ITLOS and other law of the sea jurisdictions, international and mixed criminal courts and tribunals, the WTO, and ICSID.

Table of Contents

TABLE OF CONTENTS FOREWORD I. IN MEMORIAM BENEDETTO CONFORTI, M. IOVANE LUIGI FERRARI BRAVO, G. SACERDOTI II. FOCUS THE MIGRATORY CRISIS: CURRENT CHALLENGES FOR INTERNATIONAL AND EUROPEAN LAW EUNAVFOR MED: FIGHTING MIGRANT SMUGGLING UNDER UN SECURITY COUNCIL RESOLUTION 2240 (2015), M. GESTRI SIXTY-FIVE YEARS AND IT SHOWS THEM ALL: PROPOSALS FOR AMENDING THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES, F. LENZERINI DETENTION AND EXPULSION OF MIGRANTS: THE KHLAIFIA V. ITALY CASE, M.R. MAURO THE EU'S HOTSPOT APPROACH TO MANAGING THE MIGRATION CRISIS: A BLIND SPOT FOR INTERNATIONAL RESPONSIBILITY?, F. CASOLARI SOME OBSERVATIONS ON THE LEGAL RESPONSIBILITY OF STATES AND INTERNATIONAL ORGANIZATIONS IN THE EXTRATERRITORIAL PROCESSING OF ASYLUM CLAIMS, A. LIGUORI THE PROTECTION OF EUROPEAN UNION CITIZENS VICTIMS OF HUMAN TRAFFICKING IN EUROPEF. STAIANO III. NOTES AND COMMENTS THE LEGAL REGIME OF WRECKS OF WARSHIPS AND OTHER STATE-OWNED SHIPS IN INTERNATIONAL LAW: THE 2015 RESOLUTION OF THE INSTITUT DE DROIT INTERNATIONAL, S. DROMGOOLE STRENGTHENING COMPLIANCE WITH INTERNATIONAL HUMANITARIAN LAW: THE FAILED PROPOSAL FOR A "MEETING OF STATES ON INTERNATIONAL HUMANITARIAN LAW", G. BARTOLINI COUNTERING "FOREIGN TERRORIST FIGHTERS": A CRITICAL APPRAISAL OF THE FRAMEWORK ESTABLISHED BY THE UN SECURITY COUNCIL RESOLUTIONS, F. CAPONE THE PROTECTION OF PRIVATE INVESTORS' RIGHTS IN RECENT INTERNATIONAL INVESTMENT AGREEMENTS, S. SILINGARDI THE ACHIEVEMENTS AND LIMITS OF ITALIAN ANTI-CORRUPTION LEGISLATION IN LIGHT OF THE INTERNATIONAL LEGAL FRAMEWORK, L. BORLINI THE PARIS AGREEMENT ON CLIMATE CHANGE: BALANCING "LEGAL FORCE" AND "GEOGRAPHICAL SCOPE", C. BAKKER IN PRAISE OF SUSTAINABILITY: THE ENCYCLICAL LETTER LAUDATO SI AND ITS LEGAL-ECONOMIC IMPLICATIONS, M. MONTINI and F. VOLPE IV. PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS THE JUDICIAL ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2015, D. AMOROSO THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2015), T. TREVES INTERNATIONAL CRIMINAL JUSTICE (2015), C. FOCARELLI THE WTO DISPUTE SETTLEMENT SYSTEM IN 2015, G. SACERDOTI (ed.) THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2015, E. SAVARESE V. ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme JUDICIAL DECISIONS (edited by D. AMOROSO and A. CALIGIURI) DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by P. GARGIULO and M. PERTILE) AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES (edited by C. ALTAFIN and M. MANCINI) LEGISLATION (edited by P. ACCONCI) VI. BIBLIOGRAPHIES ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2015 (edited by G. BARTOLINI and A. CHECHI) REVIEW OF BOOKS (edited by M. GESTRI) INDEX

Volume

v. 9 : 1999 ISBN 9789041114709

Description

In a world where diversity and pluralism are indispensable values for the balanced progress of international law, knowledge of the contribution that each State makes to the formation and development of international norms is increasingly important for both scholars and practitioners. The Italian Yearbook of International Law aims at making accessible to the English-speaking public the Italian contribution to the practice and literature of international law. The Yearbook is organised into three main sections. The first contains doctrinal contributions featuring articles on the European human rights system and its relation to customary international law, on international control of bribery and mergers, and on the problem of accountability for gross violations of human rights. The second section covers the Italian practice in the areas of 1) judicial decisions (including the important decisions in the Ocalan and Cermis cases), 2) diplomatic and parliamentary practice, 3) treaty practice, and 4) national legislation. Relevant materials are presented by way of introductory notes and concise legal analysis. The third part of the volume contains a systematic bibliographical index of Italian literature in the field of international law. The volume ends with an analytical index for ready consultation.

Table of Contents

• Foreword. List of Abbreviations. Articles. The New European Court of Human Rights between International and Domestic Law
• B. Conforti. Customary International Law and the European Convention on Human Rights
• F. Francioni. The 1997 OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions: An Example of Piece-Meal Regulation of Globalisation
• G. Sacerdoti. The International Jurisdiction of the EU Commission in the Merger Control Area
• U. Draetta. Impunity Under National Law and Accountability under International Human Rights Law: Has the Time of a Duty to Prosecute Come? A. Gitti. Amnesty for Crimes Against Humanity: Coordinating the State and Individual Responsibility for Gross Violations of Human Rights
• M. Starita. Notes and Comments. Compensating Victims of the Cermis Cable-Car Accident Under NATO Status of Forces Agreement
• A. Ciampi. Implementing the Kyoto Protocol in Italy: Problems of Law and Policy
• M. Montini. Italian Practice Relating to International Law. Judicial Decisions
• G. Cataldi. Diplomatic and Parliamentary Practice
• P. Gargiulo, G. Nesi. Agreements to which Italy is a Party
• V. Delicato, et al. Legislation
• Pia Acconci, et al. Italian Bibliographical Index of International Law 1999
• F. Lenzerini, et al. Index.

Volume

v. 10 : 2000 ISBN 9789041117144

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume X (2000) is organised in three main sections. The first contains doctrinal contributions featuring inter alia articles on human rights, biotechnology and international environmental law, and the Legality of Use of Force case before the International Court of Justice. A new feature of Volume X (2000) is the inclusion in the first section of surveys on the activity of international organisations and bodies, such as the World Trade Organization, the International Tribunal for the Law of the Sea and the International Law Commission. The second section covers the Italian practice in the areas of 1) judicial decisions (including important decisions on slavery and on immunity from civil jurisdiction of the US with respect to NATO training flights), 2) diplomatic and parliamentary practice (including materials relating to the Fifty-Second Session of the International Law Commission), 3) treaty practice, and 4) national legislation. The third part of the volume contains a systematic bibliographical index of Italian literature in the field of international law and selected book reviews. The volume ends with an analytical index for ready consultation which includes the main cases and legal instruments cited in the Yearbook

Table of Contents

• List of Abbreviations. Articles. `Human Rightism' and International Law
• A. Pellet. Exhaustion of Domestic Remedies and State Responsibility for Violation of Human Rights
• R.P. Mazzeschi. Peaceful Enjoyment of Possessions, Expropriation and Control of the Use of Property in the System of the European Convention on Human Rights
• M. Frigo. Regional Integration and the Protection of the Environment: The UN/ECE Process on Water Law
• A. Tanzi. Assessing and Managing Biotechnology Risk under the Cartagena Protocol on Biosafety
• R. Pavoni. Suppressing Slavery Under Customary International Law
• F. Lenzerini. NATO's Bombings in Yugoslavia Under International Scrutiny: Issues of Jurisdiction and Procedure Before the International Court of Justice
• A. Saccucci. Notes and Comments. The Activity of the International Law Commission During its 52nd Session: A Critical Appraisal
• M. Iovane. The International Tribunal for the Law of the Sea (1996-2000)
• T. Treves. Survey on the World Trade Organization Dispute Settlement (2000)
• F. Lenzerini, M. Montini. Review of the Judgments Delivered in 1999 and 2000 by the European Court of Human Rights on Subjects Relevant to International Law
• S. Granata. Italian Practice on Slavery: The Application of International Obligations Prohibiting Slavery by Italian Courts
• F. Lenzerini. Italian Practice Relating to International Law. Judicial Decisions
• G. Cataldi, M. Iovane. Diplomatic and Parliamentary Practice
• P. Gargiulo, G. Nesi. Agreements to Which Italy is a Party
• V. Delicato, et al. Legislation
• P. Acconci, M. Montini. Bibliographies. Review of Books. Index.

Volume

v. 11 : 2001 ISBN 9789041120007

Description

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XI (2001) is organised in three main sections. The first contains doctrinal contributions featuring inter alia articles on the international law aspects of the 2001 Italian constitutional amendment, the judicial enforcement of customary human rights law and the issue of overlapping dispute settlement regimes in light of the Southern Bluefin Tuna case. A special focus of this volume is the increasingly important field of international cultural property law. Three articles deal, respectively, with the 2001 UNESCO Convention on Underwater Cultural Heritage, the 1999 Protocol to the Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, and with the intersection between cultural property law and human rights. As in the previous year, Volume XI (2001) contains a subsection devoted to surveys on the activity of the World Trade Organization, the International Tribunal for the Law of the Sea, the International Law Commission and the European Court of Human Rights. The second section covers the Italian practice in the areas of 1) judicial decisions (including significant decisions, such as the final decisions on the Baraldini case and on the return to the Italian territory of the male descendants of the House of Savoy), 2) diplomatic and parliamentary practice (such as the parliamentary debates relating to the 11 September terrorist attacks on the US), 3) treaty practice, and 4) national legislation. The third section contains a systematic bibliographical index of Italian literature in the field of international law and a book review. The volume ends with an analytical index for ready consultation which includes the main judicial cases and legal instruments cited throughout the Yearbook.

by "Nielsen BookData"

Details

• NCID: BA35952854
• ISBN:
  • 0379008254
  • 0379008262
  • 0379008270
  • 0379008289
  • 0379008297
  • 0379008300
  • 8814009570
  • 8814019010
  • 8814061998
  • 904111470X
  • 9789041117144
  • 9789041120007
  • 9004137432
  • 9004144463
  • 9004150277
  • 9789004156609
  • 9789004164468
  • 9789004173255
  • 9789004182370
  • 9789004201156
  • 9789004222038
  • 9789004245464
  • 9789004266261
  • 9789004288898
  • 9789004309951
  • 9789004338500
• Country Code: it
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Napoli,Dobbs Ferry, N.Y.
• Pages/Volumes: v.
• Size: 25 cm