169,840 research outputs found
Interpreting the ECHR in the Light of “Other” International Instruments: Systemic Integration or Fragmentation of Rules on Treaty Interpretation?
No full textOften accused of being a threat to the coherence of international law, the ECtHR was indeed a pioneering international tribunal in showing the relevance of Art. 31.3.c of the Vienna Convention on the Law of Treaties (VCLT) in broadening the normative context for interpreting treaties. In doing so, it anticipated the principle of “systemic integration” recently singled out by the ILC as a crucial tool against the fragmentation of international law.
In the Demir and Baykara v. Turkey judgment, the ECtHR has systematized its previous jurisprudence, elaborating a methodology of interpretation of the Convention in light of other international instruments. However, in doing so, it has adopted a language describing its approach as partially deviating from the customary rules on treaty interpretation, as codified by the VCLT.
This chapter argues that, upon a closer analysis, the interpretative method of the Court may be, and should be, reconciled with the traditional approach, whose flexibility accommodates the special interpretative needs of human rights treaties. In this context, “systemic integration”, i.e. an interpretative reference to a wide international normative environment, far from being constrained by the narrow terms of Art. 31.3.c VCLT, should be constructed as a general principle of interpretation rooted in a plurality of hermeneutic approaches (textual, contextual and teleological).
It concludes that, as far as interpretation is concerned, the Court should treat international law more carefully, avoiding unnecessary separatist statements
Procedures and Mechanisms for Review of Compliance under the 1998 Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters
No full textProcedures and Mechanisms for Review of Compliance under the 2003 Protocol on Pollutant Release and Transfer Registers tothe 1998 Aarhus Convention
No full textProcedures and Mechanisms for Review of Compliance under the 1999 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes
No full textMultiplication and Overlap of Non-Compliance Procedures and Mechanisms: Towards Better Coordination?
No full textArt. 8 – Diritto al rispetto della vita privata e familiare
No full textC. Pitea è autore dei seguenti paragrafi:
II. (pp. 303-311)
VII. (pp.329-331 );
IX. (pp. 344-349);
X. (pp. 349-352);
XIII. (pp. 358-362);
XVI.5 (pp. 366-367);
XVI.9 (pp. 368-369)
Azioni di contrasto alla pirateria e Convenzione europea dei diritti umani : questioni di attribuzione e di applicazione extraterritoriale
No full textThe fight against piracy off the Somali coast has raised a number of human rights concerns. The article illustrates how the European Court of Human Rights (ECtHR) can provide a forum for litigating possible cases against European States involved in anti-piracy operations, as the judgments of the ECtHR, in the Hassan and Ali Samatar cases, show. It argues that obstacles to the access to the ECtHR in similar cases, because of questions of attribution and extraterritorial application, are mostly overcome. As to attribution, it highlights that such action cannot be attributed to the Security Council. It also argues that a correct understanding of the general rules on the allocation of responsibility between States and International Organizations would reduce the cases in which those conduct – when carried out by the EUNAVFOR Operation Atalanta – may be attributed exclusively to the EU. As to extra-territorial operations, it argues that even before a pirate vessel and its crew are taken into custody, the ECHR should apply. Certainly when the action is carried out under the authority of the UN Security Council resolution or on the basis of a valid consent by the coastal state. Arguably, also in hypothetical other cases, as the recent jurisprudence (in particular in Jaloud v. the Netherlands) shows an evolution towards a functional model based on authority and control over persons, which include control over premises or areas where they are found
Non-Compliance Mechanisms: Lessons Learned and the Way Forward
No full textThis book analyses the functioning of an increasingly important branch of international procedures dealing with the supervision of implementation by States of their obligations under international enviromental treaties. The essays, investigating also the relationship between compliance systems and general international law, as well as European Union Law, answer important questions, such as who are the subjects entitled to set the procedure in motion, how it works and what are the powers of relevant bodies. The book is divided into six sections dealing with non-compliance procedure, both under an institutional and a comparative point of view
The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms
No full textInstitutional and procedural mechanisms are routinely established under Multilateral Environmental Agreements to facilitate, control and enhance compliance by States with the obligations they assume. The 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is no exception in this respect. However, due to the peculiar nature of the Convention, which recognized procedural human rights in environmental governance, the design of its compliance mechanism is peculiar, especially in that it provides broad access and participatory rights to individuals and NGOs.
After reviewing thoroughly the law and practice governing the institutional setting and the functioning of the mechanism, the article concludes that, notwithstanding the features it shares with human rights quasi-judicial procedures, the Compliance systems maintains its fundamental “non-confrontational, non-judicial and consultative” nature. However, it is not excluded that a process of “judicialisation” may take place through practice
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