102,483 research outputs found

    La detenzione amministrativa dei richiedenti asilo nel diritto dell’UE e in quello italiano

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    Il contributo prende in esame la disciplina in materia di detenzione dei richiedenti protezione internazionale contenuta nel cd. "pacchetto asilo", adottato dal legislatore dell'UE nel giugno 2013. Passa poi a verificare la compatibilità con detta disciplina della normativa italiana in materia di immigrazione

    Migrazioni via mare, luogo di sbarco sicuro e principio di non refoulement

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    1. Introduzione; 2. La giurisprudenza sull’obbligo di soccorso e il luogo di sbarco; 2.1 La giurisprudenza di merito: il caso Cap Anamur; 2.1.2 La giurisprudenza di merito più recente; 2.2 La giurisprudenza di legittimità: la sentenza della Corte di Cassazione sul caso Sea Watch 3; 2.3 La nozione di luogo di sbarco sicuro ricavabile dalla giurisprudenza; 3. Obbligo di soccorso e principio di non-refoulement nel diritto dell’Unione europea; 4. Conclusioni. Abstract: This contribution aims to analyze Italian case-law concerning NGOs involved in search and rescue activities in the Mediterranean, and will focus on the notion of ‘place of safety’ that emerges from it. The investigation will thus center on the urgent question of human security at sea. In recent years there has been a campaign of criminalization in media and political discourse that has resulted in the adoption of law aimed at criminalizing activities conducted at sea by NGOs. These measures have been accompanied by a “closed ports” policy, to the detriment of the people rescued at sea and forced to remain on board rescue vessels for up to several weeks before being allowed to disembark on land. These circumstances have led to numerous court proceedings concerning NGOs. Nevertheless Italian courts, taking inspiration from an integrated interpretation of international obligations regarding both maritime law and human rights, have consistently absolved NGOs of wrongdoing, arguing that they have acted in compliance with the duty to rescue at sea, a norm of customary international law. The Captain of any ship, including private ships such as those used by NGOs, is required to intervene in any situation of distress, and moreover benefits from a margin of appreciation in his/her choice of a port of disembarkation, given that he/she is in the best possible position to evaluate sea and weather conditions, and above all determine the safest place at which to dock, where people on board can receive assistance, food and water and where there is no risk that their rights will be violated. Italian Courts, among them the Supreme Court (Corte di Cassazione), have promoted the principle of non-refoulement and the right to asylum as essential elements in the identification of a place of safety for people rescued at sea, who must be protected regardless of other considerations, and without any form of discrimination. Ultimately this contribution hopes to highlight the contribution of jurisprudence in the process of decriminalizing NGOs involved in sea rescue operations, which, as has been underlined again and again, act in full accordance with international law. The investigation will also look into the gap between different state powers: the executive on one side, protagonist of the campaign to discredit and criminalize NGOs, and the judiciary on the other, standing firm in its opposition, in line with the international obligations to which Italy is bound

    Electron beam melting of Ti-6Al-4V lattice structures: correlation between post heat treatment and mechanical properties

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    Additive manufacturing processes are considered advanced manufacturing methods. It would be possible to produce complex shape components from a computer-aided design model in a layer-by-layer manner. As one of the complex geometries, lattice structures could attract lots of attention for both medical and industrial applications. In these structures, besides cell size and cell type, the microstructure of lattice structures can play a key role in these structures’ mechanical performance. On the other hand, heat treatment has a significant influence on the mechanical properties of the material. Therefore, in this work, the effect of the heat treatments on the microstructure and mechanical behaviour of Ti-6Al-4V lattice structures manufactured by electron beam melting was analysed. The main mechanical properties were compared with the Ashby and Gibson model. It is very interesting to notice that a more homogeneous failure mode was found for the heat-treated samples. The structures’ relative density was the main factor influencing the mechanical performance of the heat-treated samples. It is also found that the heat treatments were able to preserve the stiffness and the compressive strength of the lattice structures. Besides, an increment of both the elongation at failure and the absorbed energy was obtained after the heat treatments. Microstructure analysis of the heat-treated samples confirms the increment of ductility of the heat-treated samples with respect to the as-built one
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