Author Archive

Immunities of organizations under international law: Reflections in light of Jam v International Finance Corporation

Introduced by Martina Buscemi, Zeno Crespi Reghizzi, Chiara Ragni In its decision of February 27, 2019 in Jam v International Finance Corporation, the US Supreme Court ruled on the highly debated issue of immunity of international organizations. This case originated from a claim for damages brought by local farmers and fishermen and a small village...

COVID-19 and multilateral governance at the United Nations between risk-prevention, procedural adaptation and feeble response

Introduced by Enrico Milano and Giulio Bartolini*     The social, human, economic and political impact of the COVID-19 pandemic can be hardly overestimated. As we write, the virus has infected more than 8 million people worldwide, causing the death of over 400,000. That accounts, in just a few months, to more than double the...

Renewable energy investment cases against Italy and Spain: Same issues, different scenarios?

Introduced by Gian Maria Farnelli and Marco Pertile   Given the high costs of infrastructures, the renewable energy sector is one of the most foreign investment-dependent economic sectors. Many States have thus enacted remuneration schemes aimed at attracting foreign investors, typically in the form of feed-in tariffs, ever since the late 1990s. Starting from 2010,...

WTO security exceptions: A landmark Panel report in times of crisis

Introduced by Loris Marotti and Giovanna Adinolfi   Just over a year has passed since the adoption of the report in the Russia–Traffic in transit case in which, for the first time, the national security exceptions under Article XXI GATT 1994 have been interpreted and applied by a WTO Panel. The report appeared as a...

The multi-faceted character of the ‘political question’ doctrine in recent practice: A one-size-fits-all tool?

Introduced by Micaela Frulli   The non-justiciability of ‘political acts’ or ‘acts of government’ is accepted in most legal systems, although with notable differences in denomination and meaning. The doctrine was first propounded in France (actes de gouvernement) and later spread to the United Kingdom, under the ‘royal prerogative’ label, and to the United States,...

Testing the legitimacy, consistency and credibility of the International Criminal Court

Introduced by Béatrice Bonafé and Micaela Frulli The Rome Statute entered into force in 2002 and the International Criminal Court (ICC) will soon celebrate its eighteenth birthday. Yet, whether the Court has actually reached, so to say, adulthood is a matter of contention. During these first years of activity, the Court has repeatedly affirmed its...

The Joint Comprehensive Plan of Action five years on: Legal questions and future prospects

Introduced by Maurizio Antonini* and Enrico Milano**   The Joint Comprehensive Plan of Action (JCPOA) is a detailed, 159-page agreement with five annexes reached by Iran and the P5+1 (China France, Germany, Russia, the United Kingdom, and the United States) on July 14, 2015. In accordance with the agreement, Iran committed to eliminate its stockpile...

The meaning and effects of erga omnes within the Prespa Agreement of 17 June 2018 between Greece and North Macedonia

Introduced by Vassilis P Tzevelekos* Article 1(3)(a) of the Prespa Agreement of 17 June 2018 between Greece and North Macedonia provides as follows: ‘The official name of the Second Party [i.e. the state nowadays named North Macedonia] shall be the “Republic of North Macedonia”, which shall be the constitutional name of the Second Party and shall be used erga omnes, as provided for in...

From chattel slavery to ‘modern slavery’: The role for human dignity in the struggle against contemporary forms of human exploitation

Introduced by Silvia Borelli and Maria Chiara Vitucci   The eradication of slavery, forced labour and other forms of exploitation of humans by humans has been on the international agenda for well over a century. Indeed, 2019 marks the centenary of both the creation of the International Labour Organisation (ILO), founded, inter alia, on the...

‘In Clinical Isolation.’ Is there a meaningful place for the World Trade Organization in the future of International Economic Law?

Introduced by Paolo Turrini and Angelica Bonfanti What the heck. The girl was young, so lively and, what is more, socially accepted. Everyone wanted to date her. And all of a sudden, she fell ill. With the disease came the solitude – or was it the other way round? Now her conditions are stable but...

Jurisdictional Reasonableness

Introduced by Cedric Ryngaert and Michail Vagias In a globalized world, phenomena such as transnational crime, Internet transactions and climate change are not limited to just one state. Instead, they have connections with multiple states, each of which may want to exercise its jurisdiction over them, often on the basis of a version of the...

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...