The Italian Review of International and Comparative Law最新文献

Legal Standing of Individuals and ngo s in Environmental Matters under Article 9(3) of the Aarhus Convention 根据《奥胡斯公约》第 9(3)条个人和非政府组织在环境问题上的法律地位

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020007

Federica Passarini

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The Judicial Protection of the Environment in International and European Law 国际法和欧洲法中的环境司法保护

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020003

Claudia Candelmo, Lorenzo Cecchetti, Domenico Pauciulo, Pierfrancesco Rossi

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The Deterrent Effect of Financial Sanctions Pursuant to Article 260(2) tfeu in the Context of Violations of Environmental Obligations 在违反环境义务的情况下根据《公约》第 260（2）条实施经济制裁的威慑效果

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020011

Camilla Burelli

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Proving Environmental Harm in Inter-State Litigation: Challenges and Evolving Strategies 在国家间诉讼中证明环境危害：挑战与不断演变的策略

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020010

Francesca Sironi De Gregorio

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The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion itlos对应对气候变化的贡献：国际气候行动组织征求咨询意见的前景与挑战

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020008

Pierre Clément Mingozzi

{"title":"The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion","authors":"Pierre Clément Mingozzi","doi":"10.1163/27725650-03020008","DOIUrl":"https://doi.org/10.1163/27725650-03020008","url":null,"abstract":"On 12 December 2022, the International Tribunal for the Law of the Sea (itlos) received a request from the Commission of Small Island States on Climate Change and International Law (cosis) to render an advisory opinion in order to clarify the obligations of States under the 1982 United Nations Convention on the Law of the Sea (unclos) to protect and preserve the marine environment in relation to climate change, including ocean warming, sea level rise, and ocean acidification. Although itlos has dealt with environment-related issues in the past, it has not yet specifically dealt with climate change and its (in)direct impacts. This contribution, drawing on the first opinion delivered by the Tribunal in 2015, aims to scrutinize some critical legal questions that the request will inevitably face, engaging particularly with its main procedural and substantive aspects. Since it is unlikely that itlos will encounter any unsurmountable obstacles to render the opinion, it would be expected that the Tribunal will take this opportunity to shed light on the implications of climate change for the legal regime of the sea, but also on the role of the Tribunal itself, to definitively clarify its advisory function.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139273306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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The Italian Supreme Court and the European ne bis in idem Principle: A Correct Decision Worthy of Some Criticism 意大利最高法院与欧洲一罪不二审原则：值得批评的正确判决

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020018

Alessandro Nascimbeni

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Recognition of a Danish Monetary Penalty in Employment Matters and Public Policy 在就业问题和公共政策中承认丹麦罚款

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020017

Giacomo Biagioni

{"title":"Recognition of a Danish Monetary Penalty in Employment Matters and Public Policy","authors":"Giacomo Biagioni","doi":"10.1163/27725650-03020017","DOIUrl":"https://doi.org/10.1163/27725650-03020017","url":null,"abstract":"The contribution is focused on a recent decision of the Italian Supreme Court, in which it was held that a Danish judgment imposing a monetary sanction (bod) on an employer for the failure to perform its obligations under a collective employment contract can be recognized in Italy under Regulation (EU) No. 1215/2012 (applicable to Denmark via the 2005 EU-Denmark Agreement). The request to refuse recognition had been raised on the assumption that the Danish measure amounted to a condemnation to punitive damages and was thus incompatible with public policy. The Corte di Cassazione came to the opposite conclusion, but the solution reached may cause a mixed reaction. It is regrettable that, notwithstanding the applicability of Regulation (EU) No. 1215/2012, the Italian Supreme Court simply relied on the principles developed in its previous judgment No. 16601/2017 (concerning a judgment of a non-EU court) and did not deem it necessary to request a preliminary ruling from the European Court of Justice (“cjeu”) on the interpretation of the relevant provisions of the mentioned Regulation. In a different vein, it is to be welcomed that the nature of the foreign measure was assessed in accordance with the so-called Engel criteria, developed by the European Court of Human Rights. However, the analysis conducted in the instant case by the Italian Supreme Court, which appeared to overlook some characteristics of the Danish bod, is not completely convincing.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"37 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Victim Status of Individuals in Climate Change Litigation before the ECtHR 欧洲人权法院气候变化诉讼中个人的受害者地位

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020006

Antonio Mariconda

{"title":"Victim Status of Individuals in Climate Change Litigation before the ECtHR","authors":"Antonio Mariconda","doi":"10.1163/27725650-03020006","DOIUrl":"https://doi.org/10.1163/27725650-03020006","url":null,"abstract":"The climate change applications currently pending before the European Court of Human Rights (ECtHR) present substantial challenges to the status quo of the Strasbourg system, encompassing both merits and admissibility issues. Of particular concern is their compliance with the admissibility requirement outlined in Article 34 of the European Convention of Human Rights (echr), which stipulates that applicants must be victims of a violation of the Convention by a State to file a case before the Court. Given the diffuse nature of the harms stemming from climate change, identifying individuals as victims of its effects and, consequently, whose rights are allegedly infringed upon, becomes a complex task. Furthermore, establishing a direct causal link between the harm endured and the actions or omissions of a single State proves to be equally challenging. Therefore, the aim of this article is to scrutinize how this admissibility requirement might operate in the cases at hand. In particular, it argues that, albeit with some caveats, it is legally possible to consider some climate change applicants as both direct and potential victims, as per the definitions established by the case law of the ECtHR. Nevertheless, this solution could pose significant challenges to the legitimacy and efficiency of the Strasbourg system, which the Court will have to prevent when deciding these cases.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"45 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139270931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Authorisations to Emit Greenhouse Gases – A Conflict-of-Laws Perspective 授权排放温室气体--法律冲突的视角

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020013

Marco Pasqua

{"title":"Authorisations to Emit Greenhouse Gases – A Conflict-of-Laws Perspective","authors":"Marco Pasqua","doi":"10.1163/27725650-03020013","DOIUrl":"https://doi.org/10.1163/27725650-03020013","url":null,"abstract":"Within the framework of private climate litigation, where injured people bring civil claims concerning the liability of companies for the harmful effects of their polluting activities before domestic courts, this contribution investigates the role of authorisations to emit greenhouse gases under Directive 2003/87/ec (Emissions Directive), when they are not specifically part of the lex fori (law of the forum) and lex causae (law applicable to merits). A traditional way to consider greenhouse gas emissions permits in these disputes is via the rules of safety and conduct under the Article 17 of the Regulation (ec) No. 864/2007 (Rome ii). The author of this contribution considers that there may be a different reading of such rules, i.e. the interpretative elaboration of a unilateral conflict rule in the Emissions Directive, which would allow the authorisation issued by a State whose law is different than the lex fori and lex causae ones before the courts of EU Member States to be relied upon. Furthermore the authorisation, in circulating, carries with it the (possible) exempting effect under the civil liability rule of the State issuing the authorisation.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"64 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139271131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Second Thoughts? The International Adjudication of Environmental Disputes 30 Years Later 第二种想法？30 年后的环境争端国际裁决

The Italian Review of International and Comparative Law Pub Date : 2023-11-15 DOI: 10.1163/27725650-03020004

J. Viñuales

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