Slaveries and new slaveries: Which role for human dignity?
1. Opening remarks No one could seriously doubt that respect for dignity is closely connected to the banning of slavery, as well as the banning of torture and human and degrading treatments. In spite of this, such a conclusion is less trivial than it may appear. In fact, no reference to dignity is made either...
Colliding legal systems or balancing of values? International customary law on State immunity vs fundamental constitutional principles in the Italian Constitutional Court decision no 238/2014 / Zoom Out
The judgment of the Italian Constitutional Court on State immunity in cases of serious violations of human rights or humanitarian law: a tentative analysis under international law
1. Introduction The judgment 238/2014, rendered by the Italian Constitutional Court has already been discussed by a number of Italian scholars. Differing opinions have been delivered on important aspects covered by this judgment[1], particularly on the legal consequences of a conflict between general international law and on the fundamental values of the Italian legal order[2]....
