Buch, Englisch, Band 20, 566 Seiten, Gewicht: 30618 g
Buch, Englisch, Band 20, 566 Seiten, Gewicht: 30618 g
Reihe: Italian Yearbook of Internatio
ISBN: 978-90-04-22203-8
Verlag: Brill
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” on the island of Procida. The symposium addressed the current challenges facing the European Convention on Human Rights and the European Court of Human Rights. Following a general presentation of the symposium, the contributions to this section of the volume are grouped around two broad themes: “The ECHR System and International Law” and “General Aspects of the Functioning of the ECHR System”. The contributions cover: i) the notion of jurisdiction in Article 1 ECHR; ii) the accession of the EU to the ECHR; iii) immunities under international law and the ECHR; iv) exhaustion of domestic remedies; v) criteria of inadmissibility for the individual application to the ECtHR; and vi) the application of the ECHR in domestic law. All pieces have been commented by specialists of the subject, practitioners, and present and former judges of the Strasbourg Court, including President Costa, judge Tulkens, judge Raimondi and Prof. Conforti. The section is closed by some final reflections on the future of the Strasbourg Court by President Costa.
The notes and comments section contains a variety of contributions covering such topical issues as persecution in international criminal law; the role of human rights in international financial institutions; and the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships. Surveys on the activities of the ICJ, ITLOS, ICSID, and international criminal courts and tribunals occupy the remaining part of this section.
The second part of the volume covers the Italian practice of international law in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third part 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.
Autoren/Hrsg.
Weitere Infos & Material
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. Bonafè
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
Françoise 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 com¬mitted 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 juris¬diction 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 Na¬t
