Search results for "Diritto internazionale"
showing 10 items of 271 documents
Quale disciplina per la violazione di norme internazionali?
2023
In this chapter the traditional legal issues concerning the legal regime which applies to international law violations are described, according to an original perspective. First of all, some specific problems (such as the place of fault and damage; the moment in which a violation can be considered as being committed, and the conditions governing such a commission; the role to be recognized to countermeasure in the general framework of the legal consequences of internationally wrongful acts, etc.) are solved, at variance with the mainstream opinion. Second: the elements of an internationally wrongful act as well as its legal effects are both examined with regard to the general regime and som…
Il dovere di soccorso in mare e il diritto di obbedire al diritto (internazionale) del comandante della nave privata
2019
Shipmasters are commonly considered the addressees of an international legal duty to rescue at sea. This article describes the evolution of international law in this field, from the first maritime conventions of the 1910's to the IMO Safety Committee's resolutions of the 2010's. It then argues that behind the duty to rescue there is a hidden right of the shipmaster. This right has a moral pedigree and is functional to the full compliance of the duty itself. It can be enforced in the national legal order against any State (or private entity) that tries to obstruct the shipmaster's activities of assistance or to penalize her or him for the assistance given. National judges enforce this right …
Equilibrio fra poteri e libertà dai Trattati in diritto dell'Unione europea e diritto internazionale
2014
Riflessione sulla categoria civilistica dell'invalidità applicata ai Trattati internazionali e a quella peculiare species costituita dai Trattati istitutivi dell'Unione Europea. Si dà conto altresì delle modalità di modifica degli stessi e dell'estinzione.
Art. 133
2012
Si tratta di un commento all'art. 133 del Codice dei beni culturali e del paesaggio, dedicato al rilievo nel diritto italiano degli obblighi derivanti a carico dell'Italia dalle convenzioni internazionali in materia. This is a Commentary to Article 133 of the Italian Heritage and Landscape Code. Under this article "the activities carried out for the protection and enhancement of the landscape environment shall conform to the obligations and principles of co-operation between States deriving from international agreements".
Il parere della Corte internazionale di giustizia sulla dichiarazione d'indipendenza del Kosovo
2010
The ICJ's Kosovo Advisory Opinion as an Exercise in Pre-Understanding
2011
Life Imprisonment Without Prospect of Release: Comparative Remarks from a Human-Rights Perspective
2019
Life imprisonment without prospect of release is a penalty experiencing remarkable success today, especially in Europe. However, certain human rights bodies have recently begun to assert that this penalty runs counter the so-called ‘right to hope’, derived by way of interpretation from the right not to be subject to inhuman or degrading treatment. The purpose of the present contribution is to shed light on the potential and the limits of such trend by analyzing the case-law of universal (such as the UN system) and regional (the European system, the Inter-American system; the African system) bodies.
La questione del confine italo-francese sul Monte Bianco
2020
Even though the common interest of France and Italy in relation to their Alpine border should be enhancing co-operation on cross-border issues (such as improving climate change adaptation as well as preventing and managing risks) a dispute on the delimitation of the border in the area around Monte Bianco has arisen in last years. As any other international dispute on territorial borders, it presents three different plans of analysis: the interpretation of boundary treaties and their official maps; the legal weight of “other” maps; the relationship between the boundary treaty and subsequent practice of the Parties (above all the relevance of effectivités). This article shortly discusses thes…
The evolution of the European Union law on the criminalization of humanitarian assistance to irregular migrants: From the council directive 2002/90/C…
2021
With the new Pact on Migration and Asylum, the European Commission published the Guidance C(2020) 6470 of 23 September 2020 on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence. The present contribution shows as this guidance proposes an interpretation of the article 1 of the Council Directive 2002/90/CE, which only partially meets the problem of the criminalization of humanitarian assistance to irregular migrants, since it has shortcomings both at material and at formal level. After an analysis concerning the guidance capacity to impact on the Court of Justice and national judges case-law, the article ends with some…