Search results for "Rights"

La riunificazione familiare dello straniero nei trattati sui diritti umani

2010

Family reunification contributes to the integration of aliens in the countries of destination and the development of their personality as well, but it entails the increase in the demand for social facilities. As a consequence States tend to reduce the opportunities for family reunification. The study analyses the activity of the organs of control set up by the international conventions on human rights and aims at identifying the obligations on States’ sovereignty stemming from the rules of these conventions protecting family life or disciplining family reunification. In assessing the lawfulness of States’ rules on family reunification or decisions on individual cases these organs verify whe…

The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values

2009

The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…

Foreign direct investment attraction in the Baltic States

2014

This paper considers the importance of macroeconomic factors as well as investment climate for foreign direct invest­ ment attraction in the Baltic states. It reviews some of the indicators for measuring the investment climate and their usefulness as indicators of strength of FDI attraction and uses the results of econometric analysis to consider relative importance of various macroeconomic factors. The results suggest that perceptions of corruption and fiscal policy are some of the more important drivers of FDI attraction. The paper also considers several measures that could improve foreign direct investment attraction in the Baltic States such as expanding the protection of property right…

Brevi note comparatistiche in tema di suicidio assistito

2019

The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.

Constitutional developments in Latin American abortion law.

2016

Abstract For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries’ high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less res…

Sviluppo partecipante e sistemi tradizionali: Il caso dei Borana dell'Etiopia

1992

In the development programs concerning the Ethiopian Borana local groups are assigned the role of principal group for development initiatives. As such, the project seems to meet the principle of participatory development. However, among the Borana, local communities have very little organizational significance and no say at all on matters regarding rights of property. Such authority is instead attributed to descent groups, which are not localized. In particular, clans have both the organizational capacity to coordinate collective investments on natural resources and the authority to guarantee personal and collective property rights. It is therefore suggested that a direct link with clans an…

The conservation of the environment in Ecuador's constitution

2017

The 2008 Ecuadorian Constitution is often presented as building on the local traditions of indigenous peoples in order to propose a non-anthropocentric approach to the conservation of the environment, based on the concept of buen vivir. After providing a short introduction on anthropocentric and non-anthropo-centric approaches to the environment, with attention to indigenous worldviews, this article attempts to: analyse the concept of buen vivir, appearing to have unclear boundaries; understand whether or not it is a concept derived from indigenous worldviews; and explore the innovative non-anthropocentric feature of the recognition of rights to the environment. Finally, the article uses th…

Ha ancora una rilevanza la Convenzione sull’eliminazione di ogni forma di discriminazione nei confronti delle donne? Per una sua (ri)considerazione n…

2011

Biopiracy and the right to self-determination of indigenous peoples.

2018

Abstract Background: Since over thirty years, I work on the unclear legal situation of in which indigenous peoples find themselves today in the beginning mainly in the USA and later also in Canada, Australia and New Zealand. The status of indigenous people and native nations is characterized as a mixture of national and international law. Hypothesis/Purpose: To clarify the status of indigenous people it is necessary to analyze and interpret carefully hundreds of old treaties, international declarations and covenants, national statutes and jurisprudence, especially the old leading decisions of the US-Supreme Court. Such an analysis and interpretation should prove that indigenous people have …

Legitymacja czynna domu zakonnego Ojców Augustianów w Krakowie w postępowaniu regulacyjnym

2021

Składając wniosek, a następnie pozew w trybie przepisów art. 61 ust. 1 i art. 64 ust. 2 ustawy o stosunku państwa do Kościoła katolickiego w Rzeczypospolitej Polskiej kościelna osoba prawna musi wykazać swoją legitymację czynną do złożenia wniosku (pozwu), jego popierania oraz nabycia prawa własności. Musi zatem wykazać, że jest tą kościelną osobą prawną, która została pozbawiona własności nieruchomości wskutek jej upaństwowienia (tożsamość podmiotów), lub że jest następcą prawnym tej osoby. Wystąpienie z roszczeniem o przywrócenie własności nieruchomości upaństwowionej nie jest uzależnione od tego, czy nieruchomość ta uprzednio stanowiła własność tej osoby prawnej. Może bowiem zachodzić za…