1,721,613 research outputs found
De Falco S, De pascale G An Innovative Approach of Loss Quality Function in the Facility Energy Management.
No full textSull'obbligo degli Stati di registrare gli accordi internazionali presso il segretariato generale delle Nazioni Unite: il caso Jadhav
No full textThis paper discusses the Jadhav case submitted to the ICJ by India against Pakistan on 8 May 2017. The case concerns the alleged violation of the 1963 Vienna Convention on Consular Relations with regard to the detention and trial of an Indian national who was sentenced to death by a Pakistani military court. Pakistan claimed to have applied the 2008 bilateral Agreement on Consular Access, providing that “in case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. Nonetheless, according to India, the bilateral Agreement cannot be invoked before the ICJ, as it was not promptly registered with the UN Secretariat, inconsistently with Article 102 of the UN Charter. The author does not share such a formalistic interpretation of Article 102. This provision aims at discouraging secret treaties. Since the bilateral Agreement has never been secret, it could be invoked before the ICJ regardless of its registration. Hence, it was not necessary for Pakistan to register the bilateral Agreement after India had instituted proceedings before the ICJ
La tutela dei diritti umani in Africa: origini, istituzione e attività della Corte africana dei diritti dell’uomo e dei popoli
No full textThe Protocol to the African Charter on Human and Peoples’ Rights on the establishment of the African Court on Human and Peoples’ Rights, adopted in Ouagadougou in 1998, came into force in 2004 representing an important step forward for Africa. This article examines the origins of the African Court, highlighting the different factors that up to the 1990s had prevented, and then later allowed, the creation of such a Court. The social, historical and political background provided in this article, shows how hard it was to establish the first African court for human rights. The organization and the composition of the African Court are described according to similarities and differences with the European and the Inter-American Courts on Human Rights. Particular attention is given to the new rule on the exclusion of a judge who is citizen of a State in dispute before the Court. The very broad advisory jurisdiction of the African Court is examined in comparison with those of other regional Human Rights jurisdictions. Furthermore, this article highlights how contentious the jurisdiction of the Court is. This is examined in relation to two questions: subject matter jurisdiction and personal jurisdiction. Particular emphasis is given to the role of individuals and NGOs, which can bring cases directly before the Court only if the State concerned has made a declaration accepting the competence of the Court in this regard. The activities undertaken so far by the African Court are described in the last paragraph. After a brief mention of the first case dealt with by the Court, the author focuses on the Libyan affair. The order for provisional measures adopted in March 2011 is examined and developments regarding the Libyan case are investigated, bearing in mind the great changes that have taken place in Tripoli in the meantime
International Protection of Human Rights in Africa, Asia and the Middle East
No full textIn this special Section of Diritti umani e diritto internazionale, Konstantin D. Magliveras focuses on the protection of human rights in the Middle East. In particular, he outlines the effects of the ‘Arab Spring’ in augmenting the standard of human rights in the Middle East, with an insightful reference to the expected institution of the Arab Court of Human Rights. In his essay, Konstantin D. Magliveras does not forget the role of Islam as the predominant religion in the Arab States and the 1990 Cairo Declaration on Human Rights in Islam. Yota Negishi examines the protection of human rights in Asia. He goes beyond the typical question of whether a future Asian Human Rights System is possible, more concretely wondering whether the current Asian cooperation on human rights is appropriate. Yota Negishi applies a ‘Foucauldian methodology’ to emphasise the ‘bio-politics’ of human rights, which have been utilised by Asian States to reconcile their traditional developmentalist or socialist mindset with global neoliberal policies. I deal with the African Human Rights System. I underline the great number of monitoring bodies, both continental and sub-regional, which are competent for human rights disputes arisen in the legal frame drawn by the African Charter on Human and Peoples’ Rights. In particular, I inquire into the effective need to regulate the coexistence of these many bodies, taking into due account the general phenomenon of proliferation of international tribunals
L’entrata in vigore della Convenzione di Istanbul sulla prevenzione e la lotta contro la violenza nei confronti delle donne e la violenza domestica
No full textThis paper deals with the entry into force in Italy of the Istabul Convention against violence against women and against domestic violence, promoted by the Council of Europe. It underlines the problems concerning the Italian process of ratification with a special focus on a possible Italian reservation. Furthermore, it dwells on the participation of the EU in the Istanbul Convention Syste
Unione africana. L'attività dell'UA nel biennio 2016-2017
No full textThe paper aims at assessing the activity of the African Union in 2016 and 2017. It also focuses on the activity concerning the protection of human righst carried out by the African Court and the African Commission. Special attention will be also paid to economic and financial issues affecting Africa
La tutela internazionale dei diritti dell'uomo nel continente africano
No full textIt is well known that contemporary international law is influenced, at least as for the content of its norms, by a great sensitiveness for the topic of human rights. As a consequence, the doctrine gives nowadays great importance to the problems linked to human rights law. However, often unconsciously, the majority of authors assumes as a matter of fact that human rights law is dominated by a sort of ‘western’ paradigm. So, the doctrine has already written a lot on the treaties, resolutions and mechanisms operating under the aegis of the United Nations. Similarly, on a regional level, the European Human Rights System has always been at the core of a huge number of scientific analysis, while the American Human Rights System has recently begun to stimulate the doctrine. As for the African Human Rights System, several authors have dealt with some of its aspects, even if a complete and critical monograph on this topic has never been published. This book examines the whole African Human Rights System, with special focus on the peculiarities of the African Charter on Human and Peoples’ Rights, both as for its content and as for its structure. This book also dwells on the African Commission and on the African Court, respectively the quasi-jurisdictional organ and the jurisdictional organ in charge of controlling the respect of the African Charter by the African States. Particular attention is given to the later developments concerning the African Court, which is going to be merged with the Court of Justice of the African Union in the new single African Court of Justice and Human Rights. Then, the 2014 Malabo Protocol is assessed in order to understand the impact on the regional human rights system of the project to add a new competence in the field of criminal international law to the aforementioned single African Court. The main aim of the book is to evaluate the efficiency of the international protection of human rights in the African continent. This aim is reached only to a certain extant according to a comparative analysis with the other two regional systems, which are considered only when necessary. In fact, they have not to be considered as ideal aspirations to which the African Human Rights System has the ambition to resemble. The efficiency of the African Human Rights System is better examined in the light of the cultural, economical, political and social background of the African continent
Extraterritorial Applicability of the African Charter on Human and Peoples’ Rights
No full textThe African Charter, as well as other human rights treaties, does not contain any provision about its application ratione loci. The African Court has never pronounced on this issue. However, the examination of the practice of the African Commission can be a starting point to address the problem. The paper focuses above all on the Commission’s report on the Armed Activities on the Territory of The Congo. Then, it analyzes the position of the African States on this issue. The most prominent decisions of the International Court of Justice on this matter are also considered. In the last section, the elements previously evaluated allow to shed light on the extraterritorial scope of the African Charte
Sulla posizione dell’individuo nel diritto internazionale: il caso Campbell e le vicende successive nell’Africa australe
No full textThis paper deals with the Mike Campbell (PVT) Ltd et Al. v. Zimbabwe case and subsequent events. In its judgment concerning that case, the Tribunal of the Southern African Development Community (SADC) characterized as unlawful the expropriations ordered by Zimbabwe according to the Land Acquisition Amendment Act. The Tribunal’s judgment led to the suspension of the SADC Tribunal Protocol. The States parties to the Protocol modified it to the effect that individuals would be precluded from applying to the Tribunal. These events represent an
interesting starting point for some reflections on the position of individuals in contemporary international law. In particular, the State practice arising from the Campbell case is not in line with the view asserting the centrality of the individual in international law. While a phenomenon of “humanization” is indeed shaping international law, the “humanization” of international law does not go beyond the content of its norms. The Campbell case contributes to showing that the Westphalian structure of the international legal system, based on State consent, has not been overcome
Su alcune recenti vicende riguardanti i rapporti dell’Ordine di Malta con l’Italia e con la Santa Sede
No full textThis paper examines the recent practice concerning the relationship between the Order of Malta and the Holy See with the aim to better define the relationship between the Order of Malta and Italy. It is widely known that in Italy both the judiciary and the executive power qualify the Order as a subject of international law. In particular, to provide the Order with immunities and privileges, the judiciary has often relied on the alleged premise of its international legal personality. The same presupposition has been applied by the Italian Government to justify the stipulation of some “agreements” with the Order. The analysis of the references to the Holy See in the new Constitutional Charter of the Order and of the recent interventions of the Holy See in the internal affairs of the Order shows that the Order legally depends on the Holy See and that the aforementioned Italian practice does not rely on legal bases but on a sort of tradition
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