Search results for " legality"
showing 10 items of 45 documents
Human Rights and Changes to the International Legal System. Philosophical Reflections on the (Difficult) Coexistence of International Humanitarian La…
2012
Chapter 6 analyses the relationship between International human rights law (IHRL) and international humanitarian law (IHL). IHL represents the new version of a part of the old ius gentium, in particular its ius in bello. Nonetheless, IHL excludes ius ad bellum, formerly linked to ius in bello in ius gentium, in continuity with the Just War Theory. The current IHL is characterized by neutrality, impartiality, and humanity in protecting victims. The practice of IHRL – not the abstract doctrine of natural rights – aims to protect human beings in different contexts and against different forms of vulnerability. In this last sense, IHL could be seen as a part of the former in the case of vulnerab…
OS ECJ-TF 3/2017 on the Decision of the Court of Justice of the European Union of 16 May 2017 in Berlioz Investment Fund SA (Case C-682/15), Concerni…
2018
This article examines the decision of the Grand Chamber of the Court of Justice of the European Union (ECJ) in Berlioz Investment Fund SA (Case C-682/15) delivered on 16 May 2017, following the Opinion of Advocate General Wathelet of 10 January 2017. The case concerned the levying of tax penalties in circumstances in which a third party partially refused to provide the Luxembourg tax authorities with information requested, by way of mutual assistance under the Mutual Assistance Directive (2011/16), by the French tax authorities. Having clarified that when exchanging information by way of mutual assistance under an EU directive, EU Member States are implementing EU Law, the Grand Chamber con…
Has Pandora's Box Been Closed? The Decisions on the Legality of Use of Force Cases about the Status of the Federal Republic of Yugoslavia (Serbia and…
2006
In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different construction of the question of the FRY's membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court. Because of the link between UN membership and the FRY's participation in the Genocide Convention, the Court's finding in the Legality of Use of Force cases may have some implications for two sets of proceedings s…
Citizens, citizenship and European Union: an open bet? The culture of legality
2016
Although the meanings of citizenship, active citizenship and organized crime are still open to debate, we try to show the evaluation of the culture of legality and the investments in social, economic and cultural programs for youth as a major defense for such a capillary phenomenon. There is also general agreement that EU programs for endorsing citizenship and active citizenship represent an effective tool for creating transnational networks of young people committed to EU values. Thus, they perceive the culture of legality as the best form of protection against arbitrary violence with references not only to a developed (and eventually harmonized) system of legal sanctions, but also to the …
What Can Plans Do for Legal Theory?
2012
In his book, Legality (2011), Scott Shapiro puts forward what he claims to be "a new, and hopefully better" (better, namely, than the ones given so far) answer to "the overarching question of ‘What is law?’ - The central claim of this new account - the "Planning Thesis" - is that "legal activity is a form of social planning" -. "Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudicat…
La retirada de Estados Unidos del Plan de Acción Integral Conjunto y la reimposición de sanciones a Irán: aspectos jurídicos y políticos
2019
This paper examines some issues raised by the United States withdrawal from the Joint Comprehensive Plan of Action (JCPOA) related to Iran’s nuclear program. The JCPOA is a nonbinding document, there has been some debate about the effect of the subsequent U.N. Security Council resolution endorsing the document on its legal status and on the US faculty of unilaterally withdrawing from the plan of action. Iran brought a case before the International Court of Justice questioning the legality of the reintroduction of U.S sanctions, the Court could eventually address the issue in later phases. This paper concludes that U.S withdrawal is legal from an international law perspective. Security Counc…
I comportamenti virtuosi tra rispetto delle norme e aspettative sociali
2020
Il capitolo si sofferma sull’azione rispetto alle norme spiegando come le aspettative sociali ricoprano un ruolo cruciale nella gestione delle informazioni utili per muoverci nell’ambiente in cui viviamo, giacchè ci consentono di ridurre l’incertezza derivante dall’assunzione di determinate scelte, di stimare quali possibili effetti avrà una nostra azione in un determinato tempo e in uno specifico contesto, o ancora di valutare quali possono essere le strategie che possiamo mettere in campo per ridurre la probabilità di una risposta indesiderata da parte degli altri. The chapter focuses on action with respect to the rules, explaining how social expectations play a crucial role in the man…
Legalità, violenza e criminalità organizzata
2020
I contributi di questo volume, diversi per argomentazione e per tipo di approccio selezionato guardano ai temi della violenza e del rispetto delle norme evidenziando aspetti diversi, tutti tenuti insieme, però, dall'obiettivo generale del libro: approfondire la conoscenza delle dimensioni della violenza, dell'uso della violenza stessa da parte delle organizzazioni criminali, delle azioni di prevenzione e contrasto poste in essere, non trascurando il punto di vista dei giovani, anche a partire dai quali è stata costruita buona parte della base empirica necessaria per alcune riflessioni, utili per fornire indicazioni anche a coloro che quotidianamente sono impegnati in percorsi formativi volt…
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 Corte costituzionale apre al divieto di retroattività del novum penitenziario in malam partem.
2020
With a courageous judgment, the Constitutional Court extends the application scope of art. 25, par. 2, Cost. in the criminal enforcement sector. Censoring the living law, the Court states the prohibition of the retroactivity of the measures more afflictive introduced by law no. 3 of 2019 to convicts who committed the fact before its entry into force. The Author, after dwelling on the new paradigm of "European legality", retraces the salient passages of the decision, from which it draws the innovative message of the Judge of the laws.