118,695 research outputs found
Ripensando i diritti dell’uomo come diritti umani : The Last Utopia, di Samuel Moyn
No full textThe essay explains the content of the recent work “The Last Utopia” by Samuel Moyn and the author analizes the paradigm of “human rights” and his history in the united stations; in the second part, the Essay highlights some critical element in this thesis and proposes the hypothesis of adaptation of this paradigm
La secessione nel Diritto Internazionale: l’opzione filo-statale del Diritto Internazionale
No full textThe essay presents the rule and the importance of the principle of “auto-determination” in the contemporary juridical world and explains the problem of influence of different juridical cultures in some specific areas of international law; in this analysis the Author put a particular attention about the sense and the limits of “auto-determination” and “people”, especially in order a specific situation as Kosovo, Kurdistan and Catalonia
On the effects of structural modifications in the large wind turbine dynamics
No full textIn this paper a numerical procedure for the investigation of the dynamic behavior of large wind turbines is developed. The aeroelastic modeling is capable to take into account the dynamic environment in which the wind turbines operate by considering the effects of the atmospheric boundary layer and the weight load of the rotating blades. The aerodynamic loads are simulated by the 2D quasi-steady aerodynamic formulation, derived from Greengberg's theory, whereas the structural dynamics of the flexible wind-turbine blade, undergoing significant elastic displacements, has been described by a nonlinear flap-lag-torsion slender-beam differential model. The loading condition and the kinematic effects are described for different configurations of the rotor using a tapered and twisted blade representative of commercial installations. Then, blade structural modifications, represented by structural weakening, are introduced to investigate the effects of local delamination (damages) of the composite compound on the dynamic response of the system giving then useful information concerning the fatigue life of the system. Sensitivity analyses have been performed varying the spanwise location and the magnitude of the reduction of stiffness. Moreover, the effects of a blade mounting error in the pitch angle have been investigated highlighting the critical loading arising from an aerodynamically unbalanced rotor. Copyright © 2011 by L. Balis Crema, G. Coppotelli, C. Grappasonni
Disappearance and New Sightings of Restrictive Interpretation(s)
No full textThis article looks to the first formulations of �restrictive interpretation� to identify with precision the content and meaning of this rule. First Vattel affirmed that odious clauses should be interpreted restrictively. Then, under the Permanent Court and the first decades of the ICJ, a restrictive interpretation emerged in favour of state sovereignty. Later, with the approval of the Vienna Convention on the Law of Treaties in 1969, the interpretation favourable to state sovereignty was abandoned in favour of an alleged neutral way of interpreting treaties. However, a new restrictive interpretation (of sovereignty) was established, as an expression of the new values emerging in international law. This interpretation was obtained by means of the application of the Vienna Convention on the Law of Treaties, an explicit argument, and Latin maxims. Through a parallel analysis of jurisdictions which hear claims between private parties and states, such as the Strasbourg and the San José Courts, and the ICSID arbitrations, the article reaches the conclusion that this mode of interpretation reveals some inconsistencies. It concludes, however, that international law already has the means to address these issues
A. Truyol y Serra (ed. revue, augmentée et mise à jour par R.Kolb), Doctrines sur le fondement du droit des gens, Pedone, paris, 2007, pp. 157, 20 euro
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Between illegal Russian occupation and western economic sanctions, is ita t all relevant (and even possible to determine) what the crimean people want?
No full textThis paper retraces the events surrounding the 2014 illegal occupation of Crimea, addressing the difficult political question of whether manifestations of the will of Crimean people in recent years can have relevance for the status of Crimea. So far, any attempts to frame the Crimean events and discern the possible will of the Crimean people to obtain independence is derailed by the illegal infiltration of the Crimean territory by Russian operatives without insignia, and by the final outcome of this move: the annexation. While legally it is very clear that international law cannot recognize the transfer of a territory through an illegal occupation, several facts, including the history of Crimea, the absence of bloodshed during the occupation, the relative stability of Crimea, and the manifestations of democratic will since 2014, indicate that the Crimean situation is unique. The purpose of this paper is to ask what we can make of popular manifestations of political will in a context where the use of force and the violation of legal obligations are in play
Subsequent practice in Hassan v United Kingdom: When things seem to go wrong in the life of a living instrument
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The Convention on the Rights of the Child Before the UN Treaty Bodies and the ICJ : ‘Taking into Account’ or Ignoring?
No full textToday there are several entities – agencies, organs, bodies – of the United Nations implementing human rights. The purpose of this paper is to take stock and reflect on the presence and impact of the Convention on the Rights of the Child in the work of the systems of protection of human rights coordinated under the Office of the High Commissioner for Human Rights, in particular before the so-called ‘Treaty Bodies’ and the Human Rights Council. A further section – given its general jurisdiction – is dedicated to the most important judicial organ of the UN: the International Court of Justice. This practice, notwithstanding some notable exceptions, shows that the Convention on the Rights of the Child is not taken into consideration in applying other treaties, even when rights of children are at stake. Twenty years after the work of the International Law Commission on fragmentation, a move toward coordinating the activities of the several bodies of the Office of the High Com-missioner for Human Rights has yet to be started
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