Italian Yearbook of International Law 28 (2018)

Erscheinungsjahr 2019
ISBN: 978-90-04-42229-2
Verlag: Brill

Buch, Englisch, Band 28, 662 Seiten, Format (B × H): 155 mm x 236 mm, Gewicht: 1043 g

Reihe: The Italian Yearbook of International Law

Volume XXVIII of The Italian Yearbook of International Law opens with a Symposium on search and rescue (SAR) operations. The Symposium addresses: i) the conflicting interpretations by States and NGOs of SAR obligations in the context of migration at sea; ii the rules governing the identification of a place of safety; iii) the (alleged) obligation to disembark people rescued at sea; iv) EU regional disembarkation arrangements; v) the responsibility of shipmasters and States involved in SAR disasters; vi) the Vatican City State’s refusal to grant its flag to SAR vessels. The Volume further contains articles on the interplay between investment law and the duty of non-recognition in situations of contested sovereignty; on the compatibility with human rights law of Italy’s 2019 budget; on the effects of judgments of the European Court of Human Rights on final decisions issued by Italian courts; and on government transparency and the right of access to information in the Italian legal order. It also features timely contributions on Italian treaty practice relating to the management of migratory flows; the role of Facebook in the persecution of the Rohingya minority in Myanmar; the responsibility of European States for American drone strikes; the provisions on climate change in the 2019 Aachen Treaty between France and Germany. As in every volume the following sections are included: Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2018, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook. Published with the contributions of ENI and Tenaris.

Autoren/Hrsg.

Nesi, Giuseppe

Weitere Mitwirkende

Amoroso, Daniele

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

List of Abbreviations

Symposium: SEARCH AND RESCUE: BALANCING HUMANITARIAN AND SECURITY REASONS

Introduction

Giuseppe Cataldi

Italy Versus NGOs: The Controversial Interpretation and Implementation of Search and Rescue Obligations in the Context of Migration at Sea

Giorgia Bevilacqua

Between a “Go Back!” and a Hard (to Find) Place (of Safety): On the Rules and Standards of Disembarkation of People Rescued at Sea

Paolo Turrini

The Missing Obligation to Disembark Persons Rescued at Sea

Kiara Neri

EU Regional Disembarkation Arrangements in the Mediterranean: Between the Outsourcing of Search and Rescue Services and the Externalisation of Sea Border Management

Marco Fantinato

Distributing Responsibility between Shipmasters and the Different States Involved in SAR Disasters

Francesca De Vittor and Massimo Starita

The Vatican City State’s Refusal to Grant its Flag to Search and Rescue Vessels of NGOs Operating in the Mediterranean

Valentin J. Schatz and Fabian Endemann

ARTICLES

The Interplay between Investment Law and the Duty of Non-recognition in Situations of Contested Sovereignty

Sondra Faccio

Sovereign Debt, “Austerity”, and Socio-Economic Rights: Italy’s 2019 Budget between EU Fiscal Rules and International Human Rights Law

Emma Luce Scali

The Effects of Judgments of the European Court of Human Rights on the Final Decisions of Domestic Courts: Recent Developments in the Italian Case Law

Fabrizio Marongiu Buonaiuti

Government Transparency and the Right of Access to Information: Evolving International and European Standards and their Implementation in the Italian Legal System

Valentina Rossi

NOTES AND COMMENTS

The Conclusion of Bilateral Agreements and Technical Arrangements for the Management of Migration Flows: An Overview of the Italian Practice

Andrea Spagnolo

The Role of Facebook in the Persecution of the Rohingya Minority in Myanmar: Issues of Accountability Under International Law

Silvia Venier

On American Drone Strikes and (Possible) European Responsibilities: Facing the Issue of Jurisdiction for “Complicity” in Extraterritorial Targeted Killings

Diego Mauri

The Franco-German Approach to Tackling Climate Change in the Aachen Treaty of 2019

Ferdinando Franceschelli

PRACTICE OF INTERNATIONAL COURTS AND TRIBUNALS

The Judicial Activity of the International Court of Justice in 2018

Serena Forlati

The International Tribunal for the Law of the Sea and Other Law of the Sea Jurisdictions (2018)

Tullio Treves

International Criminal Justice (2018)

Raffaella Nigro

The WTO in 2018: Systemic Developments, Disputes and Review of the Appellate Body’s Reports

edited by Giorgio Sacerdoti

Investment Arbitration 2018: Back to Basics

Giovanni Zarra

ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW

Classification scheme

JUDICIAL DECISIONS (edited by Daniele Amoroso and Andrea Caligiuri)

V. IMMUNITIES: The Aftermath of the Italian Constitutional Court Judgment No. 238 of 2014 in Exequatur and Enforcement Proceedings (note by Pierfrancesco Rossi)

VII. LAW OF THE SEA: What Possibilities for Exercising Criminal Jurisdiction over Migrant Smugglers in International Waters? (note by Francesca Mussi)

XI. TREATMENT OF ALIENS AND NATIONALITY: Diplomatic Protection Before Italian Administrative Judges (note by Andrea Caligiuri)

XII. HUMAN RIGHTS: Gender-Sensitive Interpretation of International Protection in the Light of Italian Practice (note by Maura Marchegiani); The Compliance of Retrospective Pension Legislation with the ECHR before the Constitutional Court (note by Donato Greco); Ne Bis in Idem Principle and “Double-Track Systems”: The Ongoing Dialogue between the Italian Constitutional Court and the ECtHR (note by Cristina Renghini); Cultural Practices and the Protection of Human Rights in a Recent Ruling by the Corte Di Cassazione (note by Alessandra Nepa)

XIII. INTERNATIONAL CRIMINAL LAW: Limiting “Preventism”? The Court of Cassation Clarifies the Notion of “Participation in an Association for Terrorist Purposes” (note by Elena Carpanelli)

XVII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW: A Controversial Ruling by the Corte di Cassazione on the Domestic Rank of Treaties Other than the European Convention on Human Rights (note by Giuliana Lampo); The European Social Charter as a Parameter for Constitutional Review of Legislation (note by Lorenza Mola)

XXI. INTERNATIONAL DISPUTE SETTLEMENT: Parallel Domestic and Arbitral Proceedings: Italian Judges Still Distrust International Arbitration (note by Giovanni Zarra)

DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo, Marco Pertile and Paolo Turrini)

VI. TERRITORY: The Annexation of Crimea and the Sanctions against the Russian Federation (note by Antonino Alì)

XI. TREATMENT OF ALIENS AND NATIONALITY: The Diplomatic Row between Italy and Austria over Vienna’s Draft Laws on Dual Nationality and Consular Assistance for German- and Ladin-speaking South Tyroleans (note by Marco Pertile and Aida Halilovic)

XII. HUMAN RIGHTS: Migration Policy and Management (note by Chiara Tea Antoniazzi)

XIV. COOPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS: The Threatened Demolition of the Khan al-Ahmar “Rubber Tire School” in the Occupied Palestinian Territory (note by Marco Pertile)

XVI. INTERNATIONAL ORGANIZATIONS: The Scope and Means of Action of the United Nations Security Council as Seen by Italy During Its “Shared Membership” (note by Paolo Turrini)

XVIII. USE OF FORCE AND PEACE-KEEPING: The Airstrikes against Syria in Response to the Alleged Use of Chemical Weapons (note by Jean Paul Moinet)

XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT: The Illegal Trafficking in Crude Oil and Petroleum Products from Libya and the Relationship between Italy and Malta (note by Marco Pertile)

LEGISLATION (edited by Pia Acconci)

XI. TREATMENT OF ALIENS AND NATIONALITY: Decree-Law No. 113 of 4 October – converted, with amendments, into Law No. 132 of 1 December 2018 (GU No. 281 of 3 December 2018); Reform of the Italian Regulatory Framework on Migration (note by Sara Fattorini)

BIBLIOGRAPHIES

Italian Bibliographical Index of International Law 2018 (edited by Giulio Bartolini and Alessandro Chechi)

Review of Books (edited by Marco Gestri)

Pietro Pustorino, Movimenti insurrezionali e diritto internazionale, Bari, Cacucci Editore, 2018 (Pietro Gargiulo); Eduardo Savarese, Certezza del diritto e diritto internazionale. Coerenza e identità tra fonti e argomentazione, Napoli, Edizioni Scientifiche Italiane, 2018 (Lorenzo Gradoni); Duncan French and Louis Kotzé (eds.), Sustainable Development Goals: Law, Theory and Implementation, Cheltenham, Edward Elgar Publishing, 2018 (Dario Piselli); Emanuele Sommario, Stati d’emergenza e trattati a tutela dei diritti umani, Torino, Giappichelli, 2018 (Valeria Eboli); Gabriela Oanta (ed.), El Derecho del Mar y las personas y grupos vulnerables, Barcelona, Bosch Editor, 2018 (Simone Vezzani); Gabriele Della Morte, Big Data e protezione internazionale dei diritti umani. Regole e conflitti, Napoli, Editoriale Scientifica, 2018 (Diego Mauri); Giovanni Cellamare and Ivan Ingravallo (eds.), Peace Maintenance in Africa. Open Legal Issues, Cham, Springer-Giappichelli, 2018 (Pietro Pustorino)

INDEX