Search results for "Human right"

Vulnerability, Human Rights and Climate Change

2021

The article aims at establishing the specificity of the human rights approach to environmental issues such as the climate change, in order to test its advantages and limits. While responsibilities in the side of climate change is controversial, the approach from human rights and in particular from their vulnerability is easier to focus and define and it involves also the problem of inequalities produced by the degradation of environment. In addition, the human rights approach is dynamic (open to specification and to proceses of implementation) and it is compatible with an intergenerational perspective.

International Investment Law and the Tangible and Intangible Aspects of Cultural Heritage: Substantive Discipline and Dispute Settlement Interactions

The relationship between international investment law and cultural heritage has commanded little attention and only recently. Certainly, international investment law has become one of the most prominent branches of international law. Its development has been strictly connected to the soaring growth of bilateral treaties on the promotion and protection of foreign investment and free trade agreements with foreign investment chapters. n turn, the status and place of cultural heritage under international law has grown, significantly progressing from some provisions included in international humanitarian conventions on the protection of heritage during armed conflicts. In light of the few studie…

Justice, Christian Moral Perspectives on

2013

The item consists in an overview on different perspective on Justice in the light of the most recent theories of justice: corrective and distributive, social justice and legal, global and local. The aim is to indicate the specificity of the Christian perspective.

La universalidad de los derechos humanos: un análisis conceptual

2008

Si difende l'universalità dei diritti umani dagli argomenti contrari e sulla base di un concetto di universalità non essenzialistico, ma prospettico.

Il Mare di mezzo: storie di naviganti, di lotta per il diritto e di luci nel buio della frontiera

2022

This paper analyses the way in which, and the reasons why, the Mediterranean Sea, from being a limes between lands, has become the frontier we know today: the space of an emblematic struggle for law and rights, which contrasts the policies of governments with the forced movements of people in migration and with civil society organizations that try to promote and protect fundamental rights. In this context, the direct experience of some search and rescue missions in the Mediterranean Sea has been used to highlight the extent of this conflict with respect to the violation of the national and domestic legal frameworks carried out by the European states, Italy in the lead, also through the invo…

The Central Mediterranean Route: Law Enforcement Without the Rule of Law

2017

It could be successfully argued that there is a general obligation to save lives in danger at sea and that this obligation is moral in nature. Such reasoning, however, is not the specific aim of this paper. Instead, this paper focuses on the legal obligations of the European Union (EU), its Member States, other neighbouring countries, and the EU Border and Coast Guard, towards migrants attempting the risky journey to Europe, in order to find out whether there are any legal steps that can be taken in order to help eliminate deaths in the Mediterranean. The article focuses on the main International Conventions on maritime law, international human rights law, international asylum law, the rele…

Giustizia o umanità? Come e perché le società sviluppate devono rispondere al problema migratorio

2021

The contribution aims to answer the questions indicated in the title in the context of the debate on the theories of justice. It is argued that the theoretical core of the pro- blem concerns the opposition between justice and humanity. According to the theories of domestic justice, it is possible to speak of justice in domestic contexts, while beyond the borders the relevant principle is the less demanding principle of humanity. But the opposition appears controversial both from the point of view of the political community (where there seems to be a need for elements dating back to the sense of humanity), and from the point of view of the international dimension (where the principle of huma…

I diritti umani sono naturali?

2009

Si sostiene la tesi che i diritti umani si discostano dalla tradizione moderna dei diritti naturali.

La fine dell'età dei diritti

2013

Norberto Bobbio’s introduced the expression “age of rights” to indicate the idea of an universal consensus on some values which can be interpreted as a signum prognosticum – in kantian terms – of mankind’s moral progress. The symbolic starting point of this age is the Universal Declaration of Human Rights proclaimed in 1948. In this paper the expression “the end of the age of rights” is value free and it is used to sign the replacement of the model of social organization imagined by Bobbio and many others after the second world-war in favour of a different model according to which human rights become a sort of lingua franca. As a consequence, it is not paradoxically at all to decree the end…

Religione civile: uso e abuso di un concetto

2013

Civil religion: uses and misuses of a concept. The analysis of the concept of “civil religion” shows an ambiguity caused by the mix between religion and morality, and religion and politics. The idea behind is the sacralization of politics in order to assure its autonomy from historic religions. Civil religion supporters individuate in this cultural position two positive results: the opening of politics to transcendence and the ethical legitimation of communitarian linkages. The article examines these two aspects, in the light of constitutionalism, human rights and current pluralism. The conclusion is that the concept must be considered misleading.