Search results for "INTERNAZIONALE"
showing 10 items of 354 documents
Lethal Autonomous Weapons Systems in International Humanitarian Law and Human Rights Law
Riapertura di procedimenti interni, margine di apprezzamento, consensus europeo
2021
The contribution comments on separate opinions rendered by Judge Pinto dealing with the reopening of domestic civil processes in which violations of ECHR have occurred.
A New Technique for Implementing ECtHR Judgments: Will It Work? The Corte Costituzionale “Urges” the Houses to Reform the Ergastolo Ostativo
2021
In this much-awaited ruling (Order No. 97 of 15 April 2021), the Corte Costituzionale had to decide on the constitutionality of the existing prohibition on release on parole for life prisoners convicted for Mafia-related crimes, in the absence of any cooperation with justice (ergastolo ostativo). This form of life imprisonment without prospect of release had already been deemed in contrast with Article 3 of the European Convention of Human Rights (echr) in the judgment rendered by the Strasbourg Court in Viola v. Italy (No. 2): on that occasion, the ECtHR invoked a legislative reform of the ergastolo ostativo. In the order at hand, the Corte Costituzionale, instead of formally declaring the…
The Contribution of the African Court on Human and Peoples’ Rights to the Protection of Indigenous Peoples’ Rights
2018
On the 26th May 2017, the African Court on Human and Peoples’ Rights rendered its first judgement on an indigenous peoples’ rights case, dealing with the forced eviction of the Ogieks, a Kenyan hunter-gatherer indigenous community of approximately 20.000 members, from their ancestral lands in the Mau Forest. The ruling, which has been extensively welcomed as a «huge victory» and a «landmark» for the protection of indigenous peoples’ rights in Africa, touches on many complex and sensitive issues concerning the situation of indigenous peoples all over the continent. The aim of the present contribution is to use the Ogiek decision to study the Court’s approach to indigenous peoples’ rights and…
The Access and Benefit-Sharing regime and the preservation of traditional knowledge: benefits for the conservation of biodiversity? A study in Khoman…
2010
Civil society participation in international decision making: recent developments and future perspectives in the indigenous rights arena
2012
This article focuses on key issues and recent developments concerning indigenous peoples' involvement in international decision making affecting their rights and interests. Based on a human rights-based approach to participation, it suggests that while a number of positive steps have been taken to allow indigenous peoples the possibility to take part to, and influence, relevant intergovernmental decision-making processes, there's a need to provide their own self-governing institutions and organisations with a more influential status than that granted to civil society organisations (CSOs) generally, whereby they can exercise different levels of participatory rights, depending upon the nature…
La questione nord-irlandese tra autodeterminazione ed integrità territoriale
1996
Chi uccide paga. Modelli di responsabilità internazionale dello Stato e armi autonome
2023
The increasing use of AI techniques in the military raises multifarious questions, related not only to the ability of Autonomous Weapon Systems (AWS) to operate within the rules that international law provides for the use of force, but also to issues of international responsibility.
Le misure cautelari nei giudizi interstatali sui diritti umani: la prassi recente della Corte internazionale di giustizia e della Corte europea dei d…
2021
In the last few years there has been a significant quantitative increase in requesting interim measures of protection in inter-State cases concerning human rights, namely in inter-State proceedings before the European Court of Human Rights (ECtHR) and in proceedings before the International Court of Justice (ICJ) grounded on the compromissory clauses included in human rights treaties. In these cases, the ultimate beneficiaries of the interim protection are individuals although, formally, proceedings focus on States’ rights and duties (concerning the protection of human rights). The present paper analyses the recent case-law of the said courts from a double perspective: on the one hand, with…