1,720,995 research outputs found
An American Anomaly? On the ICJ's Selective Reading of United States Practice in Jurisdictional Immunities of the State
No full textThe ICJ's treatment of US practice translates into one of the most controversial aspects of the Jurisdictional Immunities judgment. The Court's approach was elusive and patchy. Certain key decisions by US courts in the field of sovereign immunity were patently neglected, while others were addressed in a misleading manner. This article examines the Court's citations and omissions relating to US practice, with respect to both the jus cogens and tort exception arguments advanced by Italy in defense of its Ferrini jurisprudence denying immunity when the defendant State is accused of egregious breaches of human rights. The article also enquires into the possible reasons at the root of the Court's inadequate assessment of US practice. It takes the view that the Court's dismissive attitude vis-à-vis the anomalous American experience casts doubt over the judgment's reliability and persuasiveness as an accurate reflection of the contemporary law of State immunity. © 2012 Brill. All rights reserved
The Nagoya Protocol and WTO Law
No full textIn the past two decades, the relationship between the Convention on Biological Diversity and multilateral trade obligations administered by the World Trade Organization has no doubt been one of the most well-known case studies within the ‘trade-and-environment’ debate. Commentators have especially focused on the potential conflict with the WTO agreements arising from restrictions on trade in genetically modified organisms as well as from the CBD provisions on access to genetic resources and sharing of benefits resulting from their utilization. Following the Nagoya Protocol, both issues are now regulated under protocols to the CBD. As the purpose of these protocols is to operationalize the programmatic and frequently vague provisions of the CBD, it is foreseeable that, as already occurred with the Cartagena Protocol, the adoption and implementation of the Nagoya Protocol will generate a new wave of enhanced policy and scholarly discussions on its compatibility with the world trade system.
After a preliminary consideration of the scope of the NP and the nature of its obligations, this chapter will present an overview of the main substantive trade issues arising from the Protocol. Essentially, these concern the relationship between the Protocol’s ABS regime and WTO agreements on trade in goods and that between the Protocol and WTO obligations in the field of intellectual property rights. The next part of the chapter will revisit the systemic issue of the relationship between trade rules and the biodiversity regime in the light of the specific clause of Article 4 of the Nagoya Protocol and of pertinent WTO negotiations. I conclude with a summary of the reasons why the Nagoya Protocol fails to meet the expectation of an agreement laying down clear rules in the trade-and-biodiversity area
La protezione internazionale del patrimonio culturale nei conflitti armati: stato dell’arte e nuovi sviluppi
No full textIl lavoro illustra lo stato dell'arte della disciplina internazionale relativa alla protezione dei beni culturali in tempo di guerra, nonché i principali problemi ad essa collegati. Si sofferma poi sugli elementi di novità palesati dalla conspicua prassi normativa e giurisprudenziale emersa in questo campo nel contesto delle crisi e tragedie culturali occasionate da recenti conflitti armati, quali ad esempio quelli in Iraq, Mali e Siria
Characterization and improved control of a brushless DC drive with in-wheel motor
No full textThe paper deals with a brushless DC drive belonging to the propulsion system of an innovative light electric vehicle. The drive consists of an in-wheel motor fed by a voltage-controlled inverter. At first, the parameters of the motor and the mechanical characteristics of the drive are measured; the latter results are supported by a formulation of the torque-speed equations. Afterwards, a novel strategy for the voltage control of the drive during the commutations is presented, intended to eliminate the torque ripple and the decrease in the available torque due to the commutations. Improvement in the drive performance achieved with the novel strategy is documented by simulatio
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