Author Archive

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...

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...

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...