Buch, Englisch, Band 18, 520 Seiten, Format (B × H): 160 mm x 240 mm, Gewicht: 1016 g
Buch, Englisch, Band 18, 520 Seiten, Format (B × H): 160 mm x 240 mm, Gewicht: 1016 g
Reihe: Italian Yearbook of Internatio
ISBN: 978-90-04-18237-0
Verlag: Brill
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.
Autoren/Hrsg.
Fachgebiete
Weitere Infos & Material
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 attività 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
Alì 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
