Author Archive

Forthcoming

Forthcoming

The Advisory Opinion of the International Court of Justice on the Chagos Archipelago: An anticipatory analysis

Introduced by Thomas Burri, Lucas Carlos Lima, Loris Marotti and Irini Papanicolopulu 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, and the...

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...

The Evolving Role of the United Nations Security Council and the Protection of Cultural Heritage in the Event of Armed Conflict

Introduced by Sabrina Urbinati   On 24 March 2017, the United Nations Security Council (SC) adopted Resolution 2347 (2017)[1] (Resolution 2347). This Resolution concerns the protection of cultural heritage in the event of armed conflict and is intended to react to the hateful damage, destruction, smuggling, looting and illicit trafficking of cultural property to which...

‘No Man is an Island’, but… what is an Island?

Introduced by Andrea Caligiuri and Enrico Milano   Islands in international law are a mixed blessing. On one hand, they may significantly augment the sovereign and jurisdictional rights of States, in particular over vast amounts of marine space. On the other, they pose complex problems concerning determination of their nature, whether they are considered alone...

Subsequent practice in treaty interpretation between Article 31 and Article 32 of the Vienna Convention

Introduced by Béatrice I. Bonafé and Paolo Palchetti   In 2012 the International Law Commission started to work on ‘Subsequent agreements and subsequent practice in relation to interpretation of treaties’.  From 2013 to 2016 the Special Rapporteur, Georg Nolte, has handed down four reports where he distinguishes between ‘agreed subsequent practice’ and ‘other subsequent practice’...

Determining the existence and content of a dispute: in search for legal criteria

Introduced by Paolo Palchetti     The existence of a dispute between the Parties is a condition of the International Court of Justice’s jurisdiction. In the last years, the International Court of Justice (ICJ) has repeatedly addressed the question of whether there existed a dispute between the parties (see Application of the International Convention on...