NEITHER AUTHORIZED NOR PROHIBITED? SECESSION AND INTERNATIONAL LAW AFTER KOSOVO, SOUTH OSSETIA AND ABKHAZIA

2008

The flexibility mechanisms introduced by the Kyoto Protocol on climate change promote the realization of climate change related investment projects which aim to contribute both to the fight against climate change as well as to foster sustainable development patterns in host countries. At first glance, the flexibility mechanisms seem to represent paradigmatic examples of green economy instruments which have numerous potential benefits. However, the implementation of such mechanisms may give rise to some negative environmental externalities which have the consequence of creating a new type of investment versus environment conflict, characterized by a new form of conflict with an internal envi…

Trade and Interlegality

2019

The idea that the WTO legal system and its institutional bodies (especially the judicial branch) have developed a single-sided ides of what is good and would attempt to impose a deep-rooted liberalization agenda on the rest of world is hardly corroborated by an empirical analysis. Quite the contrary, recourse to a series of legal techniques has made it possible to leave open a space for reciprocal understanding and debate with other circuits of legality.

La Carta sociale europea come parametro interposto nella recente giurisprudenza costituzionale: novità e questioni aperte

2019

In two judgments delivered in 2018 (No. 120 and No. 194), the Constitutional Court for the first time referred to provisions of the European Social Charter as an interposed norm in the constitutional review of primary laws. The two judgments, however, leave two questions open. First, in judgment No. 120, the Court recognizes taht the European Social Charter may complement Article 117, paragraph 1, of the Constitution, as it constitutes a natural integration of the European Conventionof Human Rights on the social level, which in fact distinguishes it from "ordinary" international agreements. In its subsequent judgment No. 194, on the other hand, the Court speaks of treaties with constitution…

Évolution historique des critères de reconnaissance du statut d’État à des entités contestées

2018

The historical evolution of the criteria for recognition is only a reflection of the historical evolution of the functions that the act of recognition has fulfilled, and is fulfilling today in international law. Among the various possibilities, this contribution identifies at least 5 functions historically fulfilled by the act of recognition: co-optation, recognition, promotion, sanction, validation. Thus, the idea developed is that by virtue of the function fulfilled, the role played by different types of criteria of legitimacy, legality, effectiveness is destined to change.

Italian approaches to self-determination: theory and practice

2015

Enforcing WTO Law

2017

This contribution analyses the difference between the enforcement system provided for by the European Union legal system and the one set up by the World Trade Organisation. The reciprocal and bilateral nature of the WTO obligations and the possibility for the parties to a dispute to have recourse to negotiation (in ways not always foreseen and regulated by the Dispute Settlement Understanding) in order to resolve the issue of implementation in the post-adjudication phase of the dispute settlement procedure are features that by-and-large differentiate the WTO legal system from that of the EU and also explains the differences between the remedies provided for by the two systems.

Crisi in Crimea, referendum ed autodeterminazione dei popoli

2014

Secession and Use of Force

2014

Some Remarks on the Relationship between Secession and General International Law in the Light of the ICJ’s Kosovo Advisory Opinion

2012

How is it possible to regard something that is not prohibited, as illegal? What are the resulting consequences of fact and law? This chapter suggests that a reasonable way to reconcile these two assertions is to admit that they refer to two profiles of the phenomenon in question that must be kept separate. Independence is not prohibited, but not all means to reach it are allowed under general international law. To render this concept, the author submits the idea of a normative "due process" seen as a set of rules giving no legal entitlement to statehood nor determining the creation of a State, but forming a normative course through which factual processes should be legally channelled. The c…

Il perdurante ricorso agli accordi di limitazione delle esportazioni come strumento di protezione commerciale

2011

Secessione e diritto internazionale: un'analisi del dibattito

2015

It is traditionally maintained that international law neither prohibits nor authorizes secession. This affirmation still maintains much of its validity despite recent attempts to demonstrate the emergence of a prohibition to secede hinged on the respect due to peremptory norms of international law or on the extension of the subjective scope of the principle of territorial integrity towards secessionist groups. On the other hand, the idea of the existence of a right to remedial secession does not yet correspond to positive international law. However, the fact that international law neither prohibits nor authorizes separation does not imply that secession is totally unregulated. Firstly, inte…

Il parere della Corte internazionale di giustizia sulla dichiarazione d'indipendenza del Kosovo

2010

The Russian annexation of the Crimea: questions relating to the use of force

2014

International audience

OMC et coutume(s),

2012

Genetica umana ed altre biotecnologie nel diritto comunitario ed europeo

2004

L'ibridazione pubblico-privata di alcune organizzazioni internazionali

2015

organizzazioni internazionali

Still Going “Grey” After All These Years? Export Restraint Agreements and the WTO

2013

This chapter assesses how the dual strategy that aimed to eliminate "grey area" measures has worked out in practice, also in the light of the protectionist pressures unleashed by the current economic crisis. After providing a brief overview of the historic proliferation of these measures, it discusses whether the attempt to render ordinary safeguard measures a more attractive alternative to voluntary restraint agreements (VRAs) has worked in practice. The chapter analyses some of the intrinsic and extrinsic weaknesses of the ban itself. The chapter reviews some cases of export-restraint agreements arguably falling within the exceptions to the ban enshrined in Art. 11.1.C. This work has exam…

Introduction: Definition and Legal Sources

2019

The aim of the contribution is to define the concept of international military operations to which the rules of humanitarian law apply. The work also offers a definition of the sending state and the host state of these operations. It also identifies the normative sources governing these phenomena: from international humanitarian law ("ius in bello") to human rights law, UN standards, the agreements on the status of the forces deployed, but also internal legal systems.

Assicurazioni diplomatiche e divieto "assoluto" di refoulement in alcune recenti pronunzie della Corte europea dei diritti umani

2010

La tutela dei diritti fondamentali "assoluti" in Europa: "it´s all balancing"

2007

Autodeterminazione dei popoli

2006

Accordi post-giudiziali e natura del sistema di soluzione delle controversie dell'OMC

2015

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Capitolo VIII della Carta dell’ONU e modelli di azione militare regionale

2019

This contribution deals with relations between regional organizations and the UN Security Council under Chapter VIII of the UN Charter. In this respect, the most recent trends are a shift from subsidiarity to a more equal partnership between these two subjects. The two models of action by delegation or authorization of the Security Council are in fact autonomous. This is demonstrated by the preparatory works of the UN Charter and subsequent practice. The model of authorized regional action enriches the range of instruments that the United Nations Charter provides for the maintenance of peace and collective security.

Some Thoughts on Deterritorialization and Effectiveness in International Law

2015

Doctrinal Alternatives to Self-Defence Against Non-State Actors

2017

This contribution examines the problem of what is the legal basis for armed interventions carried out on foreign territory in response to terrorist attacks. It proposes a solution other than the use of the right of self-defence provided for in Article 51 of the UN Charter, based on the idea that a State cannot claim full respect for its sovereignty as a right if it does not fulfil the functions that come with sovereignty as a duty. If these functions of protection of other States' rights are not fulfilled, then, the international community, or, if this is not possible, the victim State directly, could take over from the negligent local authorities in performing their law enforcement functio…

On the Absence of Direct Effect of the WTO Dispute Settlement Body's Decisions in the EU Legal Order

2012

This chapter talks about the Absence of Direct Effect of the WTO Dispute Settlement Body's Decisions in the EU Legal Order. It covers five main sections: (1) The Domestic Validity and Rank of Decision (2) Their Internal Effects (3) The 'Scope for Manoeuvre' Argument: An Assessment from the Perspective of the WTO Legal System (4) The 'Scope for Manoeuvre' Argument: An Assessment from the Perspective of the EU Legal System and (5) The Pragmatic Role Played by Direct Effect in the Protection of the Autonomy of the EU Legal Order and Its Costs. According to established case law, while the binding character of international agreements is sufficient to use WTO law as a standard for reviewing the …

State Sovereignty: Balancing Effectiveness and Legality/Legitimacy

2018

This chapter aims to examine one of the most interesting topics in the contemporary internationalist debate, namely the crisis of effectiveness as the ultimate or sufficient criterion for achieving statehood and territorial sovereignty. Since the 1970s the perception that international law can no longer accept social reality as it is but promotes and imposes standards of justice and common values has become increasingly widespread. More recently, the ensuing discussion between realists and legalists emerged as one of the central topics addressed within the framework of the advisory procedure concerning Kosovo’s declaration of independence. By discussing and critically appraising the normati…

Self-Defence Against Non-State Actors: Impulses from the Max Planck Trialogues on the Law of Peace and War

2017

The legality of self-defence against non-state actors is currently one of the most contested issues of the jus contra bellum. How should we interpret state practice – has it already given rise, in law, to a broader concept of self-defence, or is the traditional state centred view still good law? Under which specific requirements should self-defence against non-state actors, if at all, be regarded as lawful and how can an abuse of an extended right to self-defence be prevented? The “Impulses from the Max Planck Trialogues on the Law of Peace and War” consist of short essays dealing with these questions. The essays are grouped in four categories: 1) restrictivist positions upholding a state-c…

A Normative "Due Process" in the Birth of States through Secession

2005

Nullité absolue des traités et inapplication de la Convention de Vienne

2019

This contribution investigates the reasons for the inapplication of the rules on the absolute nullity of treaties contained in the 1969 Vienna Convention on the Law of Treaties. The argument put forward is that the codification of absolute nullity in treaty law was both a necessary and fanciful choice at the time. Necessary because there was already a jurisprudential practice that had declared some treaties concluded in violation of rules that would later be qualified as "ius cogens" null and void. And also because, after the end of the Second World War, the idea spread that international law should privilege a "strong" legality over the effectiveness of legal situations. It was unrealistic…

voce "Secessione"

2006

Dismemberment of States

2007

Il ruolo dell'accordo nel sistema di soluzione delle controversie dell'OMC

2004

A normative ‘due process’ in the creation of States through secession

2006

The choice and/or the balancing between effectivess and legality in the creation of States is, today, one of the most hotly debated issues in the international legal scholarship. Should a state-like entity formed in breach of the peremptory norm prohibiting the use of force or of the principle of self-determination (not) be considered as a State for the purposes of international law? The answer differs according to what theoretical premises are adopted. For those who believe that the State is a social person, and its creation basically a historical occurrence, the law cannot cancel its very existence. On the other hand, if State-creation is also a matter of law, one might agree that “[a]n a…