Search results for "Advisory Opinion"

Prima applicazione della procedura consultiva prevista nel «protocollo n. 16» cedu e tutela dei minori

2020

Il saggio analizza il primo parere consultivo formulato dalla Corte europea dei diritti dell?uomo. Particolare attenzione è rivolta al riconoscimento della genitorialità intenzionale, nonché alla tutela del diritto all?identità dei figli; diritto posto in primo piano dalla Corte di Strasburgo.

The International Court of Justice and International Environmental Law

2013

The jurisprudence of the ICJ on environmental issues has increased significantly in recent years. Although some environmental cases were frustrated, either by the discontinuance of the proceedings by the Parties or because the Court found that it lacked jurisdiction on the merits, an Advisory opinion and several Judgments have already been delivered by the Court. Overall, the contribution of the Court to international environmental law is still modest, in spite of its pronouncements affirming the obligation of States to protect the environment, to prevent transboundary harm to other States or areas beyond national jurisdiction, and to carry out an environmental impact assessment before pote…

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…

The ICJ's Kosovo Advisory Opinion as an Exercise in Pre-Understanding

2011

Is there a latin american child migration law? An analysis of the ‘Advisory Opinion n. 21 on the rights of child migrants’ rendered by the Inter-Amer…

2019

In 2014, in response to the request of the Southern Cone countries, the Inter-American Court of Human Rights issued an Advisory Opinion on the rights of migrant children in an attempt to emphasize the minimum guarantees that the countries of the region should grant to this category of migrant, especially considering their hypervulnerability when compared to adult migrants. Such request, made in the light of the growing migratory flow of unaccompanied minors in the Americas, has led the Court to point to a number of rights that should be particularly guaranteed, such as the right to seek and receive asylum, non-criminalization, non-detention, and non-return of minors, culminating in the desi…