Monthly archive December, 2014

Le Conseil de sécurité et la crise d’Ebola: entre gestion de la paix et pilotage de la gouvernance globale

1. Introduction La maladie à virus Ebola (ou fièvre hémorragique à virus Ebola) est une maladie souvent mortelle qui est apparue pour la première fois en 1976, simultanément en République démocratique du Congo et au Soudan. Le virus existe à l’état endémique dans ces régions, et il a connu, à compter de 2013, une ‘flambée’...

Ebola, the Security Council and the securitization of public health

1. Introduction The Security Council adopted at an emergency meeting on 18 September 2014 resolution 2177 (2014), which declared the unprecedented extent of the outbreak of Ebola hemorrhagic fever (Ebola) in Africa a threat to international peace and security. That determination was reiterated by the President of the Council in a statement made on 21...

The Security Council as a global ‘health-keeper’? Resolution 2177 (2014) and Ebola as a threat to the peace

Introduced by Maurizio Arcari and Paolo Palchetti On 18 September 2014 the UN Security Council (SC) unanimously adopted resolution 2177 (2014), concerning the Ebola outbreak in Africa. This is not the first time that health matters and their implications for the maintenance of international peace and security have come to the attention of the SC....

The relationship between the international and the municipal legal order: reflections on the decision no 238/2014 of the Italian Constitutional Court

By decision no 238/2014,[1] the Italian Constitutional Court (Consulta) declared that the customary rule on jurisdictional immunities of States, as ascertained by the judgment of the ICJ in the case Germany v Italy (2012),[2] and also the implementation of this judgment itself in the Italian legal order, would be unconstitutional. It would be contrary to...

The judgment of the Italian Constitutional Court on State immunity in cases of serious violations of human rights or humanitarian law: a tentative analysis under international law

1. Introduction The judgment 238/2014, rendered by the Italian Constitutional Court has already been discussed by a number of Italian scholars. Differing opinions have been delivered on important aspects covered by this judgment[1], particularly on the legal consequences of a conflict between general international law and on the fundamental values of the Italian legal order[2]....

Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014

Introduced by Maurizio Arcari It is by no means an exaggeration to suggest that decision no 238 rendered on 22 October 2014 by the Italian Constitutional Court presents with all the features to become one of the leading cases of international, as well as constitutional law. In fact, this decision represents the latest development (and...