Italian Yearbook of International Law 24 (2014)

Italian Yearbook of International Law 24 (2014) PDF Author: Benedetto Conforti
Publisher: Brill - Nijhoff
ISBN: 9789004309951
Category : Law
Languages : en
Pages : 638

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Book 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.

Italian Yearbook of International Law 24 (2014)

Italian Yearbook of International Law 24 (2014) PDF Author: Benedetto Conforti
Publisher: Brill - Nijhoff
ISBN: 9789004309951
Category : Law
Languages : en
Pages : 638

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Book 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.

The Italian Yearbook of International Law, Volume 14 (2004)

The Italian Yearbook of International Law, Volume 14 (2004) PDF Author: Benedetto Conforti
Publisher: Martinus Nijhoff Publishers
ISBN: 9004150277
Category : Law
Languages : en
Pages : 543

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Book 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,"

Finnish Yearbook of International Law, Volume 24, 2014

Finnish Yearbook of International Law, Volume 24, 2014 PDF Author: Tuomas Tiittala
Publisher: Bloomsbury Publishing
ISBN: 1509901965
Category : Law
Languages : en
Pages : 389

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Book Description
The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fsil.fi/fybil

The Italian Yearbook of International Law, Volume 17 (2007)

The Italian Yearbook of International Law, Volume 17 (2007) PDF Author: Luigi Ferrari Bravo
Publisher: Italian Yearbook of Internatio
ISBN: 9789004173255
Category : Law
Languages : en
Pages : 500

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Book 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.

The italian yearbook of international law

The italian yearbook of international law PDF Author:
Publisher:
ISBN: 9788814061998
Category : Law
Languages : it
Pages : 508

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Book Description


The Italian Yearbook of International Law 2000

The Italian Yearbook of International Law 2000 PDF Author: Benedetto Conforti
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041117144
Category : Law
Languages : en
Pages : 464

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Book 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"

The Italian Yearbook of International Law, 1975-1987

The Italian Yearbook of International Law, 1975-1987 PDF Author:
Publisher:
ISBN: 9780379008289
Category :
Languages : en
Pages : 678

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Book Description


Remedies against Immunity?

Remedies against Immunity? PDF Author: Valentina Volpe
Publisher: Springer Nature
ISBN: 3662623048
Category : Law
Languages : en
Pages : 427

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Book Description
The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

Towards a European Public Law

Towards a European Public Law PDF Author: Bernard Stirn
Publisher: Oxford University Press
ISBN: 0198789505
Category : Law
Languages : en
Pages : 225

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Book Description
A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and the different domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in law are becoming increasingly similar. Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The character specifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law. In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that a European model of public administration is becoming apparent.

Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights

Re-Imagining Sovereign Debt in International Law through the lens of Socio-Economic Rights PDF Author: Muhammad Bello
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 425

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Book Description
Re-imagining sovereign debt examines the extent to which sovereign debtors’ contractual obligations may be honoured where the socio-economic rights of their citizens face clear danger of non-realisation. It critiques the foundational legal paradigm that influences and shapes the substance of the sovereign debt regime. In doing this, the author employs legal theory to show the inadequacies of the regime in terms of its failure to embrace the dynamism of sovereign debt which he characterises as a debt with a complex mix of public-private elements, hybridity of norms and multiplicity of interests beyond the two-sided creditor-debtor matrix. By locating socio-economic rights in all critical phases of the regime, the author shows that the recurring circles of debt crises are linked to the continuing influence of the private law paradigm. The book offers a fresh perspective to re-imagine sovereign debt using insights from transnational legal theorists and advocates prioritising socio-economic rights considerations in debt contracting, restructuring and adjudication through a more concrete recognition of creditors’ responsibilities. Re-imagining sovereign debt will interest lawyers, policymakers, diplomats, scholars and researchers interested in the law, history and politics of sovereign debt.