Search results for " Diritto Internazionale"
showing 10 items of 265 documents
Négligence illicite et responsabilités multiples: partage ou cumul de responsabilités?
2018
This paper addresses the issue of the distribution of international responsibility between two or more States or between an international organization and its member States in case of violation of obligations of due diligence.
Il mito del giudicato civile e amministrativo alla prova degli obblighi internazionali di restitutio in integrum
2019
The principles of res judicata and legal certainty in terminated civil and administrative proceedings often clash with the obligation of restitutio in integrum stemming from the violation of international law, namely of human rights provisions such as the European Convention on Human Rights (ECHR). Frequently, the European Court on Human Rights indicates the re-opening of terminated proceedings as (one of) the most appropriate form for redress. The Italian Constitutional Court, however, has recently held that the lack of specific clauses allowing for the re-opening of civil and administrative proceedings which have resulted in the violation of the ECHR does not contravene the Constitution. …
The Case Law of the ECtHR in 2020 in the Light of the Principle of Systemic Harmonisation
2021
This article provides for an overview of some relevant developments in the case-law of the ECtHR in 2020. Priority will be given to Grand Chamber judgments and decisions and those of the Chambers deemed to be relevant from a substantial and procedural viewpoint. Given that in 2020 the Steering Committee for Human Rights published its report on ‘The Place of the European Convention of Human Rights in the International and European Legal Order’, the case-law will be selected and examined from the viewpoint of the principle of systemic harmonisation. The aim is highlighting positive and negative examples of application of general international law by the ECtHR, of cross-fertilisation between t…
Fra stato di necessità ed (illecito) intervento economico: il terzo "bail out" della Grecia
2015
Il lavoro affronta due questioni poste dall'intervento economico del Fondo monetario internazionale e del MES nella crisi del debito greco: da un lato, quello della sostenibilità del debito stesso e dell'applicabilità dei principi di diritto internazionale in tema di stato di necessità; da un altro lato, quello del carattere particolarmente intrusivo delle condizioni poste alla Grecia e della sua valutazione alla luce del principio di non intervento negli affari interni.
ASSESSING THE RIGHT TO A “DIGNIFIED LIFE” IN THE CONTEXT OF SOCIAL AND CULTURAL RIGHTS PROTECTION Judicial Success or Failure?
2016
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…
Choix du système électoral et Convention européenne des droits de l'homme : quelques observations à la lumière d'une affaire concernant une loi élect…
2013
Within the space of less than two years the European Court of Human Rights and the Italian Constitutional Court have returned almost opposing judgments on the question of the observance of political rights by Italy’s 2005 electoral law. The ECHR found the applications made to it by groups of electors inadmissible given the manifestly ill-founded character of the grievances they were based on. The Constitutional Court, on the contrary, concluded that the law was unconstitutional. At first sight, the differing approaches by the two courts and the differing conclusions they reached may be viewed as an expression of the complementary nature of the European system of protection of human rights w…
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…
La salud y el acceso a los medicamentos. Un análisis del derecho y la participación de las empresas farmacéuticas
2021
One of the most controverted topics of human rights protection is the role of non-State actors in guaranteeing the rights of individuals since in most cases regional and universal organizations have purely focused their attention on the responsibility of States alone. Accordingly, relevant scholars have urged the need for international law to provide clear and stricter provisions which aim at regulating the conduct of such peculiar actors. Yet, the current international legal realm demonstrates that no legally binding provisions have been adopted and mere soft law instruments have been endorsed at the intergovernmental level. The non-binding character of these instruments provides sufficien…
Sul settantesimo anniversario della Convenzione europea: fra successi e prospettive di alterazione del sistema
2020
In this paper it is submitted that an assessment of the functioning of the European system of protection of human rights lead to different results, depending on whether one considers the entire life of this system or the last twenty years (par. 1). Such an assessment is beyond any doubt positive in the first case, insofar as both the action of the States parties (progressive "jurisdictionalisation" of the protection system; extension to eastern Europe, ecc.) and the case law of the European Court (evolutive interpretation, ecc.) are concerned (par. 2). Different considerations are developed with regard to the last twenty years, despite the stipulation of Protocol 14, 15 and 16, and despite …
Democrazia e partecipazione politica nella giurisprudenza della Corte di giustizia dell'Unione europea
2011
L'articolo si propone di verificare il ruolo che ha avuto il concetto di democrazia rappresentativa nella giurisprudenza della Corte di Giustizia. The articles examines the role that the concept of Representative Democracy has played in the jurisprudence of the Court of Justice of the European Union.