Eliminating online hate speech against women: Universal versus regional approaches
Introduced by Flavia Zorzi Giustiniani The ever-widening utilization of Internet and social networks, magnified as a result of the Covid-19 pandemic and ensuing restrictions on freedom of movement applied all over the globe, has had, among its perverse effects, that of spreading online hate speech. New technologies and Internet platforms, which were initially viewed...
The Irreparability of Colonialism
Massimo Meccarelli and Paolo Palchetti* Colonialism is irreparable. There is no question about it. Yet the debate about what can be done to remedy to the lasting consequences of colonialism continues to be nurtured at different levels. Former colonies have increasingly advanced requests seeking recognition of the dramatic impact of the historical reality of colonialism....
Advisory opinions on climate change: Leading from the bench?
Introduced by Annalisa Savaresi While the prospect to instigate an inter-state dispute alleging State responsibility for a breach of an international obligation concerning climate change has been the subject of intense scholarly speculation,[1] no such litigation has materialized to date. Instead, after much debate on their respective utility and desirability,[2] three parallel advisory proceedings on...
Is democracy a challenge to inter-legality?
Introduced by Antonello Tancredi The scientific project on ‘inter-legality’ has at least three different dimensions: descriptive, ontological and prescriptive. As far as the descriptive dimension is concerned, the project is based on a new understanding of legal pluralism. The concept of inter-legality, as is well known, was coined by the Portuguese legal sociologist Boaventura...
Third-party participation in international adjudication: recent trends and ongoing issues
Introduced by Gian Maria Farnelli and Alessandra Sardu The possibility for States other than the disputing parties to participate in a given international dispute has been regulated by Statutes and rules of procedure of international courts and tribunals ever since the 1907 First Hague Convention for the Pacific Settlement of International Disputes. Article 84 of...
The war in Ukraine: An ongoing debate
Introduced by Maurizio Arcari and Beatrice Bonafé More than one year after the launching of the Russian ‘special military operation’ in Ukraine, plans for bringing the conflict to an end remain largely conjectural. Almost to mark the anniversary of this catastrophic war, on 23 February 2023 the General Assembly generously attempted to cope with the...
Science before international tribunals: Deference or distrust?
Introduced by Lucas Lima, Chiara Ragni The need for international courts and tribunals to deal with scientific issues is nowadays a reality primarily due to the expansion of international law towards new objectives, such as environmental or health protection. The effective regulation of these objectives depends on the acquisition of technical-scientific information. International rules...
‘There is great chaos under heaven’ but the situation does not seem ‘excellent’ at all. A reassessment of the Taiwan question, from statehood to the rules on the use of force
Introduced by Marco Pertile In recent months, the question of Taiwan’s status has been back on the forefront of public debate for various political and legal reasons. However arbitrary it always is to distinguish between the legal and political dimensions of an international affair, there is no doubt that the renewed concerns surrounding...
What room for collective reaction to the aggression against Ukraine?
Introduced by Marco Pertile As has been the case for every major crisis involving manifest violations of the ius ad bellum in recent decades, the conflict in Ukraine has brought to the surface some existential questions for international law. From the Kosovo crisis in 1999, to the Iraqi war in 2003 or even to the...
The ICJ’s first determination of war reparations: Practical challenges and legal solutions
Introduced by Béatrice Bonafé On 9 February 2022, the International Court of Justice (‘ICJ’ or ‘the Court’) adopted the judgment that put an end to the Armed Activities on the Territory of the Congo case. The proceedings between the Democratic Republic of the Congo and Uganda had been instituted more than 20 years before....
Jurisdictional Immunities Again
Introduced by Serena Forlati* and Pietro Franzina** The dispute between Germany and Italy on the jurisdictional immunities of the former has now entered a new phase. Some recent developments warrant taking a fresh look at the vexed question of the relationship between the immunities of States, on the one hand, and the right...
To Recork or Not to Recork? The Articles on State Responsibility Twenty-One Years After
Introduced by Maria Chiara Vitucci and Paolo Palchetti As wine specialists know, after 20 years corks start to decompose. This raises a dilemma: to recork or not to recork? According to one school of thought, recorking is a necessary operation to preserve the quality of the wine. It is simply a matter of...
