1,721,006 research outputs found
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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L’unità del diritto internazionale nel ragionamento giuridico
Full text linkInternational law aims at being universal. In the past, rationalistic approaches based on natural law or based on state equality aimed at establishing a single legal system above every State and equally valid for all of them. More recently, the decolonization process, the end of state-centered legal theory following the failure of the totalitarian states, the explosion in the number of states acting in the international legal sphere, and the growth of powerful states aiming at a hegemonic presence have undermined the unity of international law. Cultural relativism, by describing international law as a European, male-oriented tool for power, has also contributed to this shift. International law itself, by proliferating both in terms of specialized, technical areas and in terms of regional agreements, has abandoned the notion of a single, unified set of material rules regulating a global legal system. Today, international law attempts to renew its goal of regulating an international society formed by different values and actors on a fair basis through its form, particularly the rules regulating law ascertainment and the interpretation of written law in the judicial context. In fragmented, contemporary international law, a unified international judicial reasoning is the attempt to re-propose the universalist tradition of international law
Oltre l’oggettivismo, la riscoperta dell’immaginazione - Una presentazione e una critica a From Apology to Utopia, di Martti Koskenniemi
No full textIn a few paragraphs this article explains the main theses developed in the book From Apology to Utopia, the most important work of Martti Koskenniemi. The book analyzes and criticizes the structure of international legal argument, showing that international law does not provide a set of rules capable of settling contrasts and divergences among states in a neutral way, and that, for this reason, cannot be differentiated from politics: the sources and the principles at the basis of international law are structured in such a way that opposite solutions may be reached using the same arguments. The international lawyer is called to be aware of this undetermined aspect of law, and to imagine new solutions for new problems. The conclusions Koskenniemi reaches, however; leave open two questions, which this article seeks to bring to light
Il caso WDF : corruzione e ordine pubblico transnazionale innanzi alla giurisdizione ICSID
No full textTesting amici curiae in international law : rules and practice
No full textAmici curiae are persons interested in a trial but not party to it that submit an unsolicited written brief or make an oral statement before the bench. The widespread possibility to submit amicus curiae briefs in international courts and tribunals is a recent phenomenon. Traditionally international procedures did not allow this kind of intervention. The purpose of this paper is to take stock of this evolution and assess the functioning of the new procedures. It does this by looking comparatively at several courts and tribunals, in order to get a picture of the commonalities and common problems surrounding this general development. Two sets of questions are considered, the first centered on issues of transparency and public participation, the second on the rights of the parties. Among the elements that deal with public participation, the paper examines the clarity of the procedures, the equality of the treatment of all the interested entities, the conditions and reasons for accepting or refusing the proposed amici, and the inclusion of the amici submissions in the text of the final decision. The other set of questions, concerning the rights and interests of the parties to the dispute, includes their role in the submission phase and their interest in efficient proceedings. In answering these questions, serious issues of transparency, publicity, and the political role of states acting as amici emerge. The paper concludes that further reflection is necessary on the origins of these problems, but that a first, important step can be achieved by addressing these procedural issues
Tracking the origins and testing the fairness of the instruments of fairness: Amici Curiae in International Litigation
No full textThe widespread possibility to submit amicus curiae briefs in international courts and tribunals is a recent phenomenon. The first purpose of this paper is to verify the alleged Roman origins of amicus curiae, and to trace the emergence of its use in international law. The second and primary purpose of the paper is to assess the fairness of the new procedures, by considering the rules and the case law of several jurisdictions, and evaluating them according to procedural criteria. A set of questions that has been considered deals with the idea of public participation: clarity of the procedures, equality of the treatment of all the interested entities; conditions and reasons for accepting or refusing the proposed amici; emergence in the final decision of the amici submissions, etc. The other set of questions deals with the rights and interests of the parties to the dispute, including the interest in efficient proceedings
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