1,721,739 research outputs found
Il caso LG e altri c. Rina s.p.a. e Ente Registro Italiano Navale e la rilevazione del diritto consuetudinario: quale equilibrio tra competenze della Corte di giustizia e del giudice nazionale?
Full text linkThe article analyses the judgment of the Court of Justice in the case LG and others v. Rina s.p.a. and Ente Registro Italiano Navale, concerning the question of whether private-law corporations, engaged in the classification and certification of ships, can enjoy foreign States immunity from jurisdiction. The author, after recalling the content of the judgement, suggests reading some of its critical elements in the light of the tension between, on the one hand, the Court of Justice tendency to polarize the identification of customary international law and, on the other hand, the need to recognise the competence of the national judge in determining the scope of his own jurisdiction. Then, focuses on the methodology used by the Advocate General to identify the content of the customary rule on State immunity, pointing out its problematic features
Ambiente e diritti umani nella sentenza Locascia della Corte europea dei diritti umani: tra espedienti tecnici e scelte di politica giudiziaria
No full textMoving from the analysis of the judgment of the European Court of Human Rights in the Locascia and Others v. Italy case, this article formulates some critical reflections on some jurisprudential guidelines detectable in the previous case-law concerning pollution from hazardous activities in general and waste disposal in particular. Firstly, it is shown how the judgment contributes to consolidate the Court’s tendency to turn to ad hoc criteria, in this specific case a simple presumption, in order to ascertain the applicants’ victim status. Secondly, it is noted how, symmetrically to the ruling on admissibility, the Court resorts to a simplified standard of proof even on the merits. Thirdly, one finds how the judgment confirms the Court's uncertain attitude with regard the definition of the scope of application of Article 8 ECHR as opposed to that of Article 2 ECHR in the field of protection from pollution
I rapporti tra diritti di libertà e diritti sociali nel sistema della Convenzione europea dei diritti dell'uomo
No full textThis book aims to investigate the relationship between freedom and social rights within the system of the European Convention on Human Rights, which, as is well known, is primarily focused on the protection of the former. The first part of the work addresses the interdependence between these two categories of rights. More specifically, it analyses the provisions of the Convention from which this interconnection emerges. Secondly the jurisprudence of the European Court of Human Rights is examined, which offers protection to claims of a social nature, through an extensive interpretation of the freedom rights expressly provided for. Thirdly, attention is given to the cases in which the interdependence between freedom and social rights arises “merely” as a result of the practical consequences of the Court's judgments. The second part of the book is dedicated to the issue of conflicts between freedom and social rights. After introducing the abstract hypotheses in which the European Court of Human Rights might be called upon to rule on conflicts between these two categories of rights, the relevant case law is analysed
Gli strumenti della pianificazione aziendale per la gestione del cambiamento discontinuo
No full textL'organizzazione dello sport. Temi di discussione nei diversi campi della ricerca organizzativa
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L’ordinanza cautelare Gambia c. Myanmar della Corte internazionale di giustizia: la questione della prova dell’intento genocidario tra giurisdizione prima facie e test di plausibilità del diritto invocato
No full textOn 23th Genuary 2020, the International Court of Justice delivered its decision relating to the request for provisional measures in the case Gambia v. Myanmar. In its order, the Court affirmed that it is not necessary to ascertain the question of the existence of the intent to destroy, in whole or in part, the group of the Rohingya as such, neither in assessing the prima facie jurisdiction, neither in evaluating the plausibility of the right claimed by the Gambia. This statement seems, firstly, inconsistent with the fact that the Court took indirectly into consideration the dolus specialis within the plausibility test. Secondly, it appears in contrast with the provisional measures order Yugoslavia v. Belgium, where the Court concluded that it manifestly lacked jurisdiction, because the element of intent did not occur. The article reaches the conclusion that the two questions mentioned, concerning the ‘internal’ and ‘external’ coherence of the order at stake, are only apparent problems
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