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Les dangers d’un droit à l’euthanasie

1. Introduction Pour l’immense majorité de nos contemporains, l’heure de la mort, qu’elle soit accidentelle ou naturelle, survient sans qu’ils l’aient voulue. L’interdiction quasi-universelle de tuer reste un principe fondamental, qu’elle ait une connotation religieuse (‘Tu ne tueras point’) ou rationnelle. Les homicides, volontaires ou involontaires, engagent la responsabilité pénale et civile de ceux qui...

End-of-life issues and the European Court of Human Rights. The value of personal autonomy within a ‘proceduralized’ review

1. Introduction End-of-life issues may arise in very different situations. The scope of the present analysis is limited to situations in which termination of life is sought in the person’s alleged best interest: cases which, broadly speaking, are covered by the notion of euthanasia (from the ancient Greek ευθανασία, good death, ‘death that benefits the...

Dignity and end-of-life issues. Some open questions in light of the European Court of Human Rights’ recent case-law

Introduced by Flavia Zorzi Giustiniani   As a consequence of the unrelenting advances in medical sciences, end-of-life situations are raising, more and more frequently, sensitive moral and ethical issues to which existing legal frameworks are often unable to offer clear-cut solutions. Limiting the scope of analysis to the European continent, there is still nowadays no...

The EU data protection regime and the multilateral trading system: Where dream and day unite

1. Introduction ‘Fast forward a decade and imagine your morning routine. You wake up gently at a time carefully selected by a bracelet monitoring your sleep patterns after drawing on weeks of data stored on a server that lives somewhere in the American west. You trudge to the bathroom and step on to the scales,...

Digital standardization, cybersecurity issues and international trade law

1. Introduction National and international digital standards are having a growing impact on international trade law. The traditionally most evident dimension of the extensive activity of standard-setting bodies in relation to the functioning of the Internet is related to openness and interoperability, which are to be considered as core values in the development of the...

Forthcoming

Forthcoming

The US embassy in Jerusalem: Does location matter?

1. A question of non-recognition The partition of Mandatory Palestine was first proposed by the Peel Commission in 1937. Jerusalem, however, was to remain under British control. This, the Commission contended, would ensure the city’s sanctity and maintain ‘free and safe’ access to its Holy Places.[1] Subsequent efforts to settle the status of the territory...

Non recognition of Jerusalem as Israel’s Capital: A condition for international law to remain a relevant framework?

1. Introduction On 6 December 2017, the United States recognised Jerusalem as the capital of Israel, in violation of its obligation to acknowledge that the eastern part of the city has been unlawfully occupied since 1967 and that such an occupation precludes Israel from claiming sovereignty on the city.[1] Therefore, even if ‘the United States...

The relocation of the US embassy to Jerusalem and the obligation of non-recognition in international law

by Maurizio Arcari 1. Introduction  On 14 May 2018, on the day the 70th anniversary of the establishment of the State of Israel was celebrated, the new United States (US) embassy to Israel in Jerusalem was solemnly inaugurated.[1] This event followed the Proclamation issued on 6 December 2017 by the US President Donald Trump who,...

Something old, something new: Disaster risk reduction in international law

1. Introduction Praestat cautela quam medela. Prevention is better than cure. This also holds true in the field of disasters, where for a long time a reactive policy has prevailed, notwithstanding the enormous human and financial costs that it implies. The present contribution intends to provide a general overview of the development, and the actual...

Human Rights Law and disaster risk reduction

1. Introduction Disasters are the result of the troubled relationship between human beings on the one side, and either nature or technology on the other. Sometimes unpredictable and sudden, often slow and lingering, various types of disasters may affect the way in which we go about our daily lives. Human beings have always sought new...

Disaster risk reduction: An International Law perspective

Introduced by Giulio Bartolini and Tommaso Natoli*   Disasters are a commonplace phenomenon. According to data collected in the latest World Disaster Report elaborated by the International Federation of Red Cross and Red Crescent Societies, in the decade 2006-2016 more than 771.000 deaths could be attributed to disasters, 2 billions of individuals were affected by...