Author Archive

Procedural rules of international courts and tribunals: Between change and stability

Introduced by Beatrice I. Bonafé   International procedural law has drawn increasing attention in the last years. This Zoom-out is dedicated to an aspect of international procedural law that nonetheless is generally overlooked, that is, the very characteristics of international procedural rules when conceived of as sources of international law. Basically, two main sets of...

Children in conflicts as victims and perpetrators? Reassessing the debate on child soldiers in light of the involvement of children with terrorist groups

Introduced by Giulio Bartolini and Marco Pertile   The issue of child soldiers and, in more general terms, of the involvement of children in conflicts has been the object of broad interest in the academic debate over time, especially from the perspective of international humanitarian law, human rights law, and international criminal law.[1] Suffice it...

The qualification of armed conflicts and the ‘Support-Based Approach’: Time for an appraisal

Introduced by Giulio Bartolini and Marco Pertile   Foreign intervention in armed conflicts continues to generate legal challenges, as emphasized by the recurring debates on the lawfulness and the limits, under ius ad bellum parameters, of interventions supporting local governments involved in non-international armed conflicts.[1] Still, also from a ius in bello perspective, these scenarios...

The Global Compact for Safe, Orderly and Regular Migration: What legal impact will it have on International and Italian Law?

Introduced by Francesca De Vittor    On September 19, 2016, the United Nations General Assembly unanimously adopted the New York Declaration for Refugees and Migrants,[1] as the outcome document of the first UN high-level summit addressing large movements of refugees and migrants. The Declaration recognised that ‘refugees and migrants have the same universal human rights...

The ICJ and the compensation for environmental damage in the Costa Rica/Nicaragua case: Does the application of equitable principles offset independent technical expertise?

Introduced by Elena Fasoli The Judgment of the International Court of Justice (ICJ) on 2 February 2018 (hereinafter Judgment on Compensation), regarding compensation owed by Nicaragua to Costa Rica presents a unique opportunity for the Court to develop its views on compensation for environmental damage.[1] The Judgment on Compensation deals, inter alia, with the assessment...

Externalizing EU Migration Control while Ignoring the Human Rights of Migrants: Is There Any Room for the International Responsibility of European States?

Introduced by Maria Irene Papa In recent years the EU and its Member States have increasingly pursued migration externalization policies through strengthened cooperation with key countries of origin and transit, under which the latter agree to implement more effective exit controls in exchange for economic and technical assistance (in terms of inter alia training, equipment,...

The Advisory Opinion of the International Court of Justice on the Chagos Archipelago: An anticipatory analysis (Part I, II & III)

Introduced by Thomas Burri*, Lucas Carlos Lima, Loris Marotti, Irini Papanicolopulu, Peter Sand**   Advisory opinions rendered by the International Court of Justice (ICJ or Court) can greatly contribute to the clarification and the development of international law on account of different factors, such as the purview of the issues at stake, the subjects involved,...

Doctrinal thoughts on a doctrinal approach to the problem of diversity in International Law. Revisiting Anthea Roberts’ Is International Law International? and Comparative International Law

Introduced by Maurizio Arcari and Paolo Palchetti   One of the most interesting trends of the recently published literature on international law is the increasing attention paid to the role and place of legal scholars in the context of the international legal order. In parallel with legal analyses concerned with the growing influence exerted by...

May third states directly and/or indirectly intervene in the Syrian armed conflict?

Introduced by Micaela Frulli, Marco Roscini, Chiara Vitucci   The principle of non-intervention in the domestic affairs of other states is one of the cardinal principles of international law and there is hardly any doubt on its customary status, as the International Court of Justice has affirmed in several occasions. What is controversial, however, is...

Dignity and end-of-life issues. Some open questions in light of the European Court of Human Rights’ recent case-law

Introduced by Flavia Zorzi Giustiniani   As a consequence of the unrelenting advances in medical sciences, end-of-life situations are raising, more and more frequently, sensitive moral and ethical issues to which existing legal frameworks are often unable to offer clear-cut solutions. Limiting the scope of analysis to the European continent, there is still nowadays no...

The tangled links between national and international data protection regimes, standardization and international trade law

Introduced by Giovanna Adinolfi Digital issues have been included in States’ trade agenda since the establishment of the World Trade Organization. In the very first years, e-commerce has drawn most States’ attention. The term is usually understood to cover the production, distribution, marketing, sale or delivery of goods and services by electronic means. Since 1998...

Disaster risk reduction: An International Law perspective

Introduced by Giulio Bartolini and Tommaso Natoli*   Disasters are a commonplace phenomenon. According to data collected in the latest World Disaster Report elaborated by the International Federation of Red Cross and Red Crescent Societies, in the decade 2006-2016 more than 771.000 deaths could be attributed to disasters, 2 billions of individuals were affected by...