Loris Marotti’s Il doppio grado di giudizio nel processo internazionale. A review essay
This monograph taken from a doctoral thesis is structured in two parts enclosed between an introduction and a conclusion[1]. The first part deals with the functions of the double degree of jurisdiction (hereinafter DDJ), the second with the changes and tensions that this double degree has brought about in practice. Here is a brief summary...
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 relationship between the international and the municipal legal order: reflections on the decision no 238/2014 of the Italian Constitutional Court
By decision no 238/2014,[1] the Italian Constitutional Court (Consulta) declared that the customary rule on jurisdictional immunities of States, as ascertained by the judgment of the ICJ in the case Germany v Italy (2012),[2] and also the implementation of this judgment itself in the Italian legal order, would be unconstitutional. It would be contrary to...
