Search results for " International Law Commission"
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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…
Formalismo e antiformalismo nell'interpretazione dei trattati nei recenti lavori della Commissione del diritto internazionale
2019
In its Draft Conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties the International Law Commission (ILC) has taken a formalistic approach to treaty interpretation, according to which the interpreter should aim at discovering the will of the Parties (and the true meaning of a treaty clause) by using a single combined operation. This means that the interpreter should throw into a crucible all the means of interpretation indicated in Articles 31 and 32 of the 1969 Vienna Convention. The present paper suggests that the depiction of the interpreter as an alchemist who blends different ingredients and gives them the proper weight is a cover th…