The Italian Yearbook of International Law 1999
The Italian Yearbook of International Law 1999

Author: Benedetto Conforti

Publisher: Martinus Nijhoff Publishers

Published: 2000-10-01

Total Pages: 432

ISBN-13: 9789041114709

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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.

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

Author: Benedetto Conforti

Publisher: Martinus Nijhoff Publishers

Published: 2005-11-01

Total Pages: 543

ISBN-13: 9004150277

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"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,"

The European Court of Human Rights between Law and Politics
The European Court of Human Rights between Law and Politics

Author: Jonas Christoffersen

Publisher: OUP Oxford

Published: 2011-06-09

Total Pages: 255

ISBN-13: 0191621900

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The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

Reparations for Indigenous Peoples
Reparations for Indigenous Peoples

Author: Federico Lenzerini

Publisher: OUP Oxford

Published: 2008-01-24

Total Pages: 680

ISBN-13: 0191553050

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Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.

Access to Justice and International Organizations
Access to Justice and International Organizations

Author: Pierre Schmitt

Publisher: Edward Elgar Publishing

Published: 2017-08-25

Total Pages: 407

ISBN-13: 1786432897

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Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.

Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law
Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law

Author: Antônio Augusto Cançado Trindade

Publisher: Hotei Publishing

Published: 2015-01-27

Total Pages: 1910

ISBN-13: 9004251030

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This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).

The Handbook of the Law of Visiting Forces
The Handbook of the Law of Visiting Forces

Author: Dieter Fleck

Publisher: Oxford University Press

Published: 2018-04-12

Total Pages: 916

ISBN-13: 0192536427

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The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Afghanistan that considers the various stages of the conflict , before offering conclusions on the current state of the law and its likely future development.

The United Nations Convention on Jurisdictional Immunities of States and Their Property
The United Nations Convention on Jurisdictional Immunities of States and Their Property

Author: Roger O'Keefe

Publisher: OUP Oxford

Published: 2013-03-21

Total Pages: 512

ISBN-13: 019163221X

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State immunity, the idea that a state, including its individual organs, officials and other emanations, may not be proceeded against in the courts of another state in certain instances, has long been and remains a source of international controversy. Although customary international law no longer recognizes the absolute immunity of states from foreign judicial process, the evolution of the contemporary notion of restrictive state immunity over the past fifty years has been an uncoordinated and contested process, leading to disputes between states. The adoption, in 2004, of the United Nations Convention on Jurisdictional Immunities of States and Their Property has significantly contributed to reaching consensus among states on this fundamental question of international law. This book provides article-by-article commentary on the text of the Convention, complemented by a small number of cross-cutting chapters highlighting general issues beyond the scope of any single provision, such as the theoretical underpinnings of state immunity, the distinction between immunity from suit and immunity from execution, the process leading to the adoption of the Convention, and the general understanding that the Convention does not extend to criminal matters. It presents a systematic analysis of the Convention, taking into account its drafting history, relevant state practice (including the considerable number of national statutes and judicial decisions on state immunity), and any international judicial or arbitral decisions on point.

The Constitutionalization of International Law
The Constitutionalization of International Law

Author: Jan Klabbers

Publisher: OUP Oxford

Published: 2011-04-07

Total Pages: 414

ISBN-13: 0191615919

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The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.