The Italian Review of International and Comparative Law最新文献_第6页

Violation of Public Policy as a Ground for Non-Recognition of Foreign Judgments – The Case of Judgments Preceded by a Mareva-Type Freezing Order 不承认外国判决的理由是违反公共政策——以马雷瓦式冻结令为例

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010007

P. Franzina

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Sea-Level Rise and State of Necessity: Maintaining Current Baselines and Outer Limits of National Maritime Zones 海平面上升和必要性状态:维持现有的基线和国家海洋区域的外部界限

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010002

R. Virzo

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The Development of the Italian Doctrine in the Words of Antonio Cassese 从安东尼奥·卡塞塞的话语看意大利主义的发展

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010013

Francesca Capone

{"title":"The Development of the Italian Doctrine in the Words of Antonio Cassese","authors":"Francesca Capone","doi":"10.1163/27725650-02010013","DOIUrl":"https://doi.org/10.1163/27725650-02010013","url":null,"abstract":"\u0000 The present review essay discusses Antonio Cassese’s book Il diritto internazionale in Italia, which was written in the late 1980s and saw the light only in 2021. Each part of this short and very dense volume contains and triggers significant reflections on various topics that are still extremely relevant to this day, and perhaps now more than ever. The starting point of Professor Cassese’s inquiry is a straightforward question: how is the work of the Italian international lawyers perceived abroad? More in detail, he wonders if and to what extent it is true that the Italian doctrine, which is characterized by unparalleled scientific rigor and in-depth theoretical disquisitions, pays scant or no attention to practical problems and political, economic, and social implications at large. Professor Cassese’s analysis revolves around this initial question but at the same time departs from it in order to offer a wider and extremely accurate overview of its ramifications. In particular, Antonio Cassese helps the reader to better understand the role of international lawyers and the tools at their disposal to contribute to enhancing the society they live and operate in.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117147745","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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Legal Effects of the Ratification by Italy of the Amendments to the icc Statute on Aggression 意大利批准国际刑事法院《侵略规约》修正案的法律效力

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010012

Luigi Prosperi

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What’s in a name? 名字里有什么?

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010014

M. Buscemi

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Italy’s Contribution to a More Robust International Architecture for the cbrn Legal Landscape 意大利对建立更为健全的国际法律体系的贡献

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010004

F. Casolari

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The ECtHR’s Decision to Dismiss the First Request Submitted Under Article 29 of the Convention on Human Rights and Biomedicine 欧洲人权法院驳回根据《人权与生物医学公约》第29条提出的第一次请求的决定

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010003

Gabriele Asta

{"title":"The ECtHR’s Decision to Dismiss the First Request Submitted Under Article 29 of the Convention on Human Rights and Biomedicine","authors":"Gabriele Asta","doi":"10.1163/27725650-02010003","DOIUrl":"https://doi.org/10.1163/27725650-02010003","url":null,"abstract":"\u0000 The present article is aimed at critically assessing the ECtHR’s decision to dismiss the first request submitted under Article 29 of the Convention on Human Rights and Biomedicine (“Oviedo Convention”) by the Council of Europe’s Committee on Bioethics, for the purpose of clarifying certain aspects of the interpretation of Article 7 of the Oviedo Convention. While the ECtHR ultimately decided not to render the advisory opinion on the grounds that it would be outside its competence, the decision is of interest because it nonetheless was an occasion for the Court to assert in general terms its jurisdiction under Article 29 of the Oviedo Convention and to define the contours of its advisory competence. Yet, it will be argued that the Court’s reasoning is rather unconvincing, if not mistaken, and that it ultimately results in an unclear definition of the boundaries of its jurisdiction. The lack of clarity is further exacerbated by the fact that the Court seems to have treated as questions of competence some issues that most likely would have had to be addressed within the framework of propriety. This aspect will appear rather distinctly if one compares the ECtHR’s approach to the solutions adopted by other international courts and tribunals. This comparison will also be useful in order to suggest an alternative path that the Court could have followed, and which would have not only represented a more correct and coherent reasoning but also avoided the likely outcome of its decision, that is putting its advisory competence under the Oviedo Convention back in the attic.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114776340","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 Last Presidential (Re)Election in Italy 意大利最后一次总统(再)选举

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010010

Elettra Stradella

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Non-Recognition of Territorial Acquisitions by the Use of Armed Force: The Status of Jerusalem before Italian Courts 不承认使用武力取得的领土:耶路撒冷在意大利法院的地位

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010001

M. Iovane

{"title":"Non-Recognition of Territorial Acquisitions by the Use of Armed Force: The Status of Jerusalem before Italian Courts","authors":"M. Iovane","doi":"10.1163/27725650-02010001","DOIUrl":"https://doi.org/10.1163/27725650-02010001","url":null,"abstract":"\u0000 This article comments upon two recent decisions of the Tribunal of Rome concerning the international legal status of Jerusalem. The issue before the court was whether rai, Italy’s public service broadcasting company, had aired false information by presenting the city as the capital of Israel. After summarizing the key aspects of the historical process which led to the current arrangement of Jerusalem, the article highlights that the international regulation of the city’s legal status mainly depends on the customary principle of non-recognition of territorial acquisitions by the use of armed force. It then analyses how the non-recognition regime affects the international legal status of Jerusalem. In this regard, it is argued that the position – taken by the Tribunal of Rome in the first of its two decisions – that Jerusalem is not recognized as the capital of Israel under international law seems excessive. The non-recognition regime only affects the status of East Jerusalem, while Israeli sovereignty over West Jerusalem appears largely uncontroversial. Therefore, defining Jerusalem as the “disputed” capital of Israel – as done by the tribunal’s second decision – is a more accurate depiction of the complexities surrounding Jerusalem’s status, which should eventually be defined through negotiations between the involved parties.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125080074","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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International Child Abduction and the 1980 Hague Convention in Practice: The Biran Case 国际儿童诱拐与1980年《海牙公约》的实践:比兰案

The Italian Review of International and Comparative Law Pub Date : 2022-09-30 DOI: 10.1163/27725650-02010011

I. Queirolo

{"title":"International Child Abduction and the 1980 Hague Convention in Practice: The Biran Case","authors":"I. Queirolo","doi":"10.1163/27725650-02010011","DOIUrl":"https://doi.org/10.1163/27725650-02010011","url":null,"abstract":"\u0000 With its Decision of 29 November 2021 (No. 7918/21), the Supreme Court of Tel Aviv has ruled on the case of Eitan Biran, the child who survived the crash disaster of the “Mottarone” cable car in Italy. After the accident, the child was entrusted to his aunt, appointed as legal guardian. However, a few months later, the child was unexpectedly conducted to Israel by his paternal grandfather. The Israeli Family Court and District Court, appointed for the return of the child according to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, have ordered the immediate repatriation in Italy.\u0000 The decision of the District Court was upheld by the Supreme Court, whose decision represents a good example of correct application of the 1980 Hague Convention. Acknowledging that the guiding principle of the Convention is “zero tolerance for child abductions”, the Court has established that the habitual residence of the child was in Italy and that the transfer to Israel was in breach of the custody rights of the legal guardian according to Articles 3 and 5 of the Convention: in fact, the institute of tutore legale in Italy attributes to a person the responsibility of a child, a circumstance that in this case derived from a judicial decision. Moreover, the Israeli Supreme Court has adhered to a strict interpretation of the exceptions stated in Articles 12(2), 13 and 20, none of which resulted applicable to the case at hand.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130378161","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}

引用次数: 0