0000000000130403
AUTHOR
Tramontana Enzamaria
Where are we now with global forest regulation and governance? Insights from a 'Global Public Goods' Perspective
Even if an encouraging tendency has recently been observed towards a reduction in the rates of global deforestation, the extent and quality of forests continue to decline in many regions of the world, with alarming consequences on the functioning of global hydrological cycles, the conservation of the world's biological diversity, and the fight against climate change. Against this background, the aim of the present article is to investigate the weaknesses of, and the areas for improvement in, the current framework of global forest governance, through an analysis conducted using the lens of the concept of «global public goods» as transposed into, and shaped by, two competing theoretical appro…
Il soft law e la resilienza del diritto internazionale
While it is not international law, soft law has an influence on the creation and application of the latter and it is, therefore, relevant to international legal analysis. Moving from this premise, the present paper analyses the role and relevance of soft law in connection with some aspects of the recent development of the international society and international legal order: the emergence of new actors, the rise of problems requiring rapid, experimental, and highly technical solutions, and the need for a shift away from traditional consensualism in response to global public goods challenges. Its main argument is that, rather than sidelining international law in the regulation of internationa…
Partnership pubblico-private in materia di salute globale e responsabilità internazionale per violazione dei diritti umani
L'indagine si propone di indagare le conseguenze ascrivibili a eventuali violazioni dei diritti umani legate alla condotta delle PPPs sul piano del diritto internazionale e, più in particolare, di verificare l’adeguatezza degli strumenti offerti da quest’ultimo allo scopo di garantire un’efficace prevenzione e repressione di tali violazioni. Il lavoro si articola in tre parti. Si procede, anzitutto, a verificare la possibilità di considerare le partnership come suscettibili di incorrere in responsabilità internazionale per la violazione delle norme internazionali sui diritti umani. Preso atto, poi, dei limiti teorici di tale ricostruzione, ci si chiede se una diversa soluzione al problema d…
Women’s rights and gender equality during the COVID-19 pandemic
This paper contributes to the existing literature by investigating the scope of States’ obligations to realise women’s rights and ensure gender equality amid the COVID-19 pandemic. To this end, the analysis focuses on three areas where the gendered consequences of emergency measures have been the most widespread and/or severe: the disproportionate impact of social distancing policies enacted to curb the spread of the virus on women’s right to work (Section 2); the increased rates of gender-based domestic violence triggered by stay-at-home mandates and other emergency measures restricting the movement of people (Section 3); and the uniquely adverse consequences of the diversion of health res…
The Contribution of the African Court on Human and Peoples’ Rights to the Protection of Indigenous Peoples’ Rights
On the 26th May 2017, the African Court on Human and Peoples’ Rights rendered its first judgement on an indigenous peoples’ rights case, dealing with the forced eviction of the Ogieks, a Kenyan hunter-gatherer indigenous community of approximately 20.000 members, from their ancestral lands in the Mau Forest. The ruling, which has been extensively welcomed as a «huge victory» and a «landmark» for the protection of indigenous peoples’ rights in Africa, touches on many complex and sensitive issues concerning the situation of indigenous peoples all over the continent. The aim of the present contribution is to use the Ogiek decision to study the Court’s approach to indigenous peoples’ rights and…
ASSESSING THE RIGHT TO A “DIGNIFIED LIFE” IN THE CONTEXT OF SOCIAL AND CULTURAL RIGHTS PROTECTION Judicial Success or Failure?
Tis contribution aims at assessing whether or not, and for what reasons, the concept of the “right to a dignifed life” – i.e. the right not to be prevented from having access to minimum living conditions compatible with human dignity – provides an appropriate and effective means to address violations of social and cultural rights within the Inter-American System. Afer presenting the main aspects of the right to live a dignifed existence and contextualising it within the jurisprudence of the Inter-American Court on Human Rights (IACtHR) in the area of economic, social and cultural rights (ESC rights), the analysis focuses on the main strengths and weaknesses that, on both a conceptual and a p…