1,721,103 research outputs found
Still Three Different Status for Aliens, Citizens and Human Persons?
No full textIn this paper it is submitted that going beyond the distinction between
citizens, aliens and human persons is not appropriate, with a view to promoting
inclusive societies, pursuant the 2030 Agenda for sustainable development. Although
such a distinction appears to be outdated to a certain extent (because of an increasing
shift from nationality to residence occurred within several regional contexts), it
should not be neglected that nationality continues to play a significant role, both as
an autonomous individual right and a basis for the enjoyment of (other) human
rights. At the same time, some recent and troubling developments of the legal
dimension of nationality in the broad sense—i.e., the increasing recourse to nationality
as a means to adopt discriminatory policies against aliens, and the resurgent
recourse to a sort of “legal nationalism” when dealing with legal issues concerning
aliens—suggest a more cautious approach. Such an approach could turn around the
principle of non-discrimination, seen as an autonomous right; namely, the right of
every human being not to be subjected to any factual or legal discrimination by
public authorities (Art. 26 of the UN Covenant on Civil and Political Rights so as
interpreted by the UN Human Rights Committee)
Sul settantesimo anniversario della Convenzione europea: fra successi e prospettive di alterazione del sistema
No full textIn this paper it is submitted that an assessment of the functioning of the European system of protection of human rights lead to different results, depending on whether one considers the entire life of this system or the last twenty years (par. 1). Such an assessment is beyond any doubt positive in the first case, insofar as both the action of the States parties (progressive "jurisdictionalisation" of the protection system; extension to eastern Europe, ecc.) and the case law of the European Court (evolutive interpretation, ecc.) are concerned (par. 2). Different considerations are developed with regard to the last twenty years, despite the stipulation of Protocol 14, 15 and 16, and despite the progressive "constitutionalisation" of the system. In fact, one can not neglect the negative attitude of some important State parties towards the execution of ECtHR judgments; the current misuse of Inter-State applications; the conservative stance taken by the Court with regard to some crucial legal issues concerning the relationship between human rights principles and some traditional rules of international law. The just mentioned circumstances lead to conclude that the future of the European System could be less bright than its past (par.3)
A chi si rivolgono le norme di diritto internazionale?
No full textIn this chapter the traditional legal issues concerning the identification of the subjects of international law is examined according to an original perspective. First of all, the legal regimes of self-determination, minorities and national reconciliation processes are seen, as a whole; namely, as expressions of the increasing legal value of civil societies (peoples, groups) in international law. Second: the legal regime of State sovereignty is dealt with in this chapter, since sovereignty is considered as being the logical corollary of state international capacity. Third and most importantly: the legal position of individuals is not examined in general terms, but with specific regard to some different (legal) sectors of contemporary international law (human rights, humanitarian law, environmental law, international trade and investment law)
Come e quando le norme internazionali operano negli ordinamenti statali
No full textIn this chapter the main issues concerning legal effects of international legal rules in domestic orders are examined in a systematic way. This investigation is underpinned by the following five pillars. First, the idea that States are not bound by international obligations in this respect. Second, that despite the persistent (albeit limited) importance of formal models of incorporation of international law into domestic law, a central role is played by domestic courts, with particular regard to the identification of self-"executing" rules. Third, that international legal rules may sometimes produce legal effects in domestic orders, even in the absence of a formal incorporation into domestic law. Fourth, that insofar as the Italian Constitution is concerned, art. 11 cannot be construed as a device aimed at incorporating general international law. Fifth, that the well known judgments 348 and 349 of the italian constitutional Court have paved the way to some sensitive issues, relating both to the extension of their "dicta" and the direct applicability of the ECHR by national judges
La "due diligence" et le lien entre le sujet et le risque qu'il faut prévenir: quelques observations
No full textThe link between a risk to be prevented and a State (or an international organization) is a classical issue of the international law of state responsibility. At variance with the prevailing opinion, it is submitted that the main questions concerning such an issue cannot be answered in a unitary manner. On the contrary, these question need to be framed in the different legal contexts within which they arise. Leaving aside the traditional international legal rules on the treatment of aliens, Ssome observations are developed concerning what occurs in the fields of international human rights, international humanitarian law and international environmental law.La question du lien entre le sujet et le risque qu’il s’agit de prévenir est une question classique du droit de la responsabilité internationale, qui n’est pas susceptible d’être résolue de manière unitaire. Il s’agit, par contre, d’une question qui doit être prise en compte et investiguée par rapport à une pluralité de contextes normatifs différents, dans lesquels elle se pose. Des considérations synthétiques sont déroulées autour de ce qui se passe dans le secteur des droits de l’homme, du droit humanitaire et du droit de l’environnement, sont déroulées en laissant de coté, par contre, le secteur traditionnel de la protection des étrangers
Il doppio mito : sulla (pretesa) neutralità della politica monetaria della BCE e la (pretesa) non-vincolatività degli indirizzi di politica economica dell’Unione
Full text linkPolicies adopted by the governance of the EMU during the financial and Covid crises display a clear gap between the “form” and the “substance” of the institutional architecture of title VIII of the TFEU. It is submitted that this architecture is in sharp contrast with the European constitutional tradition. Furthermore, the traditional view is rejected, according to which the EU
Commission and Council, as well as the ECB, are devoid of binding powers in the field of economic policy. Some reflections concerning both methodological implications of the foregoing and its possible effects on the European integration process are finally develope
Il governo tecnocratico della moneta e i crocevia del processo di integrazione europea. Riflessioni alla luce della sentenza Weiss
Full text linkThe well known judgment of the German Constitutional Court in the “Weiss” case has been widely criticized under EU law, mainly because of its being in contrast with a preliminary ruling rendered by the European Court of Justice in 2018. At variance with these criticisms, it is here submitted that such a judgment brings well into focus some institutional ambiguities of the Economic and Monetary Union (EMU); namely, the powers (more and more) exercised by the European Central Bank (ECB) in the field of macroeconomic regulation and control, in spite of (its) not being provided with political legitimacy. Seen in this perspective, the “Karlsruhe” judgment objectively looks as aimed at restoring a more balanced relationship between different institutional EMU actors, in accordance with their different degree of political legitimacy. Finally, both the role so far (i.e., starting from the “whatever it takes”) played from the ECB and the respective roles played by the German Constitutional Court and the German Government in closing this affair are construed as symptoms of the current imbalances of the European integration process
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
Full text linkThe recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘ value oriented ’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle’s theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this attitude. Basically, when different legal values are at stake, the need arises to strike a balance between them, as the ECJ has recently done in the appeal decision in the Yusuf and Kadi cases. Such a tendency, if consistently followed, could serve as a valuable instrument to fi nd the correct equilibrium between the security interest and the need for respect of human rights
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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