Search results for " International Law"
showing 10 items of 105 documents
Some Private International Law Issues
2014
The Draft CESL is not only intended to cover intra-European transactions, but will also be applicable to contracts linked to third countries. This twofold effect raises interesting legal questions that are going to be analysed in this chapter from the perspective of Private International Law.
Spanish Judicial Decisions of Private International Law, 2009
2009
Spanish Judicial Decisions in Private International Law, 2007
2007
Spanish Report, Private International Law, International Academy of Comparative Law: XVIII International Congress
2011
Spanish Private International Law has undertaken relevant changes during the last decades in many areas. This work approaches them in depth connecting these reforms with the process of harmonization of Private Law and Private International Law in Europe and with the process of codification of Private International Law undertaken by different institutions.
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…
Contratto e diritto internazionale
2002
A fronte dell' inarrestabile fenomeno di internazionalizzazione degli scambi prodotto dalla globalizzazione, l'autore offre una ricostruzione critica delle diverse tecniche volte ad agevolare l'uniformazione del diritto del commercio internazionale, alla luce del vaglio giurisprudenziale.. Vengono cosi analizzati e comparati i diversi modelli di uniformazione del diritto contrattuale susseguitesi negli anni, tanto quelli procedurali, del diritto internazionale privato, che prevedono l'uniformazione delle regole di conflitto, quanto quelli di diritto sostanziale, previsti nei diversi progetti di uniformazione europei ed internazionali.
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…
Pro e contro dei rimedi domestici: prospettive di sinergia europea nel contenzioso climatico collettivo
2023
Human rights-based national climate litigation is a growing phenomenon. In Europe, this type of litigation is essentially based on the case law of the European Court of Human Rights, whose human rights obligations are used as a means of interpreting climate obligations of States towards their citizens. The analysis of domestic jurisprudence produces a complex picture. On the one hand, we find elements facilitating access to environmental justice, such as more flexible eligibility criteria and the issuing of immediately enforceable judgments. On the other hand, this comes up against obstacles arising from the risk of the lack of impact that a single decision may have. A possible solution to …
Pincìpi e naufragi: alcune critiche alla nuova filosofia per il diritto internazionale di Ronald Dworkin e il caso emblematico delle politiche in att…
2022
This contribution critically analyzes Ronald Dworkin's New Philosophy for International Law, by underlying how, his theory of law as interpretation, if transposed to the level of the relations between states, more clearly shows some weaknesses which are mainly connected with the ideality of its fundamental assumptions. After having introduced the fundamental aspects of Dworkin's reflection on international law, the specific contents of the particular principles - of mitigation and salience - that Dworkin places at the basis of his vision of international law are critically analyzed in the face of the prerogatives of contemporary national sovereignty and in relation to the structural limits …
The Prosecution of International Crimes in Argentina
2010
AbstractIn recent years, the Argentine courts have developed a rich case law surrounding the prosecution of international crimes. In particular, the courts have handed down judgments regarding the limits to amnesties and pardons, and the inapplicability of statutory limitations for crimes against humanity, invoking several sources of international law in the process. However, applying these international norms has caused debate about constitutional matters such as the reach of the principle of legality, the use of customary law, and whether domestic criminal norms are compatible—or could even be combined—with international criminal norms.