1,721,084 research outputs found
What is a History of International Law in Italy for? International Law through the Prism of National Perspectives
No full textReport of the Expert Meeting on the ILC's Draft Articles on the Protection of Persons in the Event of Disasters
No full textLe eliminazioni mirate di appartenenti a gruppi terroristici al vaglio della Corte suprema di Israele
No full textLa definizione di disastro nel progetto di articoli della Commissione del diritto internazionale
No full textL'articolo esamina la definizione di disastro contenuta nel progetto di articoli su "The protection of persons in the event of disaster" adottato in prima lettura dalla Commissione di diritto internazionale nel 201
Gli attacchi aerei in Siria, l’operazione Inherent Resolve e la complessa applicazione del diritto internazionale umanitario
No full textThe article analyses under the lens of ius in bello the US raid at the Syrian airbase in Shayrat and military operations carried out against organised armed groups located in Syria and Iraq by States participating at the international coalition Inherent Resolve. In particular it focuses on the complex qualification of armed conflicts in the area, particularly in light of the possibility to identify a paral-lel international armed conflict between Syria and coalition States involved in attacks against orga-nized armed groups based in its territory, in line with the recent position endorsed by the 2016 ICRC Commentary to the 1949 Geneva Conventions. Subsequently it scrutinizes the application of the principle of distinction in relation to attacks against individuals and objects. In light of relevant practice it focuses on interpretative challenges related to the targeting of individuals due to the en-dorsement of legal standards departing from the ICRC Interpretative Guidance on direct participa-tion in hostilities, as well as on the lawfulness of attacks against economic targets which have repre-sented a major shift in legal paradigms in comparison to previous State and scholar positions
Le modifiche al codice penale militare di guerra a seguito della missione italiana in Afghanistan
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An Universal Approach to International Law in Contemporary Constitutions: Does It Exist?
No full textThe effectiveness of the international legal system and its capacity to be `universal'
is largely dependent on the attitude of domestic authorities towards international
rules, which can be influenced by solutions provided in constitutions. Specific attention
should be paid to the role and rank of sources of international law in domestic
legal orders and their relationship with the constitution and other national
sources. In the past, scholars identified three different approaches to this issue
(Western constitutions, Socialist States and Third World countries). However, it
is relevant to examine the current state of the art in contemporary constitutions,
due to novelties concerning the attitude of States towards international sources. A
survey of these texts reveals a spectrum of solutions, including: constitutions that
ignore the topic; the express subordination of international law to the constitution
and/or acts of Parliaments; and the predominance of general custom and/or
international treaties over national legislation. This assessment clearly identifies
some potential difficulties for international law to apply equally and indiscriminately
across domestic legal systems even if a general survey indicates the increasing
openness of contemporary constitutions towards international law. Consequently,
a series of mechanisms have also been included in contemporary constitutions
to solve conflicts between domestic and international rules. Nonetheless,
in some instances, difficulties to reconcile international law with national constitutions
can be recognised which contribute to undermining the `universal' character
of the international legal order
Review of Roberto Virzo and Ivan Ingravallo (eds.), "Evolutions in the Law of International Organizations", Leiden/Boston, Brill Nijhoff, 2015, pp. xxi-547
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