0000000000176304
AUTHOR
Mauri D
showing 12 related works from this author
An Only Child without “Younger Brothers”: Contrada v. Italy (No. 3) and the Never-Ending Saga of the Relationship between Italian Courts and the ECtHR
2020
Corte di Cassazione (Sezioni Unite Penali), 3 March 2020, No. 8544 Criminal proceedings against Stefano Genco
The Use of CBRN Weapons in Armed Conflict
2022
The contribution deals with the use of CBRN weapons in the context of hostilities.
Sull’attuazione degli obblighi internazionali di risposta e ripresa a fronte della pandemia di Covid-19: una prospettiva italiana
2023
This work aims at offering a critical analysis of how Italy, as one of the most early-affected countries, has responded to and is currently recovering from the Covid-19 pandemic, in the framework of international and European obligations applicable to CBRN events at large. To this end, this article will first examine the main obligations concerning «response» to and «recovery» from a pandemic event, as stemming from relevant international and European law instruments. Then, it will look at how these obligations have been implemented by Italian central and local authorities vis-à-vis the Covid-19 pandemic, while also offering some conclusive remarks on the legal meaning of the «disaster mana…
Life Imprisonment Without Prospect of Release: Comparative Remarks from a Human-Rights Perspective
2019
Life imprisonment without prospect of release is a penalty experiencing remarkable success today, especially in Europe. However, certain human rights bodies have recently begun to assert that this penalty runs counter the so-called ‘right to hope’, derived by way of interpretation from the right not to be subject to inhuman or degrading treatment. The purpose of the present contribution is to shed light on the potential and the limits of such trend by analyzing the case-law of universal (such as the UN system) and regional (the European system, the Inter-American system; the African system) bodies.
«Aggiornamento disponibile»: nuove tecnologie, uso della forza e diritto internazionale
2021
1. Avvia. – 2. Diritto internazionale “1.0”. – 3. “Game of Drones”: cosa c’è in gioco quando si può impiegare forza “da lontano”, nella dimensione “sovra-individuale”… – 4. … e “individuale”. – 5. “Robots don’t rape”: ma per il resto ci possiamo fidare? – 6. Un “vaso di miele” per il diritto internazionale: cyberattacchi, cybersecurity, cyberweapons. – 7. Aggiorna e arresta: un diritto internazionale “2.0”?
Riapertura di procedimenti interni, margine di apprezzamento, consensus europeo
2021
The contribution comments on separate opinions rendered by Judge Pinto dealing with the reopening of domestic civil processes in which violations of ECHR have occurred.
Rilevazione, creazione, resistenza: l'opinione separata e il diritto internazionale
2022
Separate opinions have made the object of extensive scholarship in recent decades: in the international legal order, this is a consequence of that institution’s peculiar success, as virtually all judiciary and quasi-judiciary bodies allow for the allegation of separate opinions (either concurring or dissenting) to their rulings. This contribution tests the impact of separate opinions on subsequent case law and opinions, on the process of international law-making, and eventually on the mechanisms through which the Italian legal order adapts to international law as interpreted by international judiciary or quasi-judiciary bodies. The practice under scrutiny is admittedly multifarious; yet, it…
Autonomous Weapons Systems and the Protection of the Human Person: An International Law Analysis
2022
Providing a much needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons – should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as ‘human dignity’ and ‘humanity’ provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers, by elaborating on international law and proposing normative solutions for current and future human-machine interactions in this critical fie…
A New Technique for Implementing ECtHR Judgments: Will It Work? The Corte Costituzionale “Urges” the Houses to Reform the Ergastolo Ostativo
2021
In this much-awaited ruling (Order No. 97 of 15 April 2021), the Corte Costituzionale had to decide on the constitutionality of the existing prohibition on release on parole for life prisoners convicted for Mafia-related crimes, in the absence of any cooperation with justice (ergastolo ostativo). This form of life imprisonment without prospect of release had already been deemed in contrast with Article 3 of the European Convention of Human Rights (echr) in the judgment rendered by the Strasbourg Court in Viola v. Italy (No. 2): on that occasion, the ECtHR invoked a legislative reform of the ergastolo ostativo. In the order at hand, the Corte Costituzionale, instead of formally declaring the…
On American Drone Strikes And (Possible) European Responsibilities: Facing The Issue Of Jurisdiction For “Complicity” In Extraterritorial Targeted Ki…
2019
States Party to the European Convention of Human Rights (ECHR) regularly provide third States with key aid or assistance in performing extraterritorial targeted killings through armed drones: by doing so, they can be said to engage in conduct amounting to “complicity” for the purposes of international law of State responsibility. Strictly speaking, however, ECHR provisions do not apply to such conduct, which cannot be included into existing models of “jurisdiction” as per Article 1 ECHR – namely, “spatial” and “personal”. This results in a troublesome legal vacuum. The present article proposes an appraisal of such conduct through the lenses of a third jurisdictional model, already acknowled…
Litigating Treaties by Means of Article 46 of the Vienna Convention on the Law of Treaties
2022
The contribution deals with Article 46 of the Vienna Convention and related national and internationa case-law.
‘Scacco' all'ergastolo ostativo: brevi note a margine della pronuncia della Corte europea dei diritti dell'uomo nel caso Viola c. Italia (n. 2) e del…
2019
Il contributo fornisce un primo commento alla sentenza resa dalla Corte EDU nel caso Viola c. Italia (n. 2), riflettendo sul suo possibile impatto nell'ordinamento giuridico italiano.