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The Silala Dispute: Between International Water Law and the Human Right to Water (forthcoming)

What’s in a name? The Silala waters and the applicability of international watercourse law

1. Introduction Several interstate disputes concerning the non-navigational uses of international watercourses have come before the International Court of Justice (ICJ or Court), as well as its predecessor the Permanent Court of International Justice, since its establishment.[1] While these cases have undoubtedly contributed to the development of international watercourse law,[2] a fundamental question that the...

The Silala Waters dispute before the ICJ and the law on the use of international rivers for non-navigational purposes

Introduced by Lucas Carlos Lima   On the 6th June 2016 Chile brought a new dispute with its neighbour, Bolivia, to the International Court of Justice (ICJ), this time concerning transboundary water resources. The present querella regards the Status and Use of the Waters of the Silala, a water basin whose main course rises in...

Beyond the ‘spirit of systemic harmonization’: The devil is in the details (forthcoming)

Forthcoming

The Al-Dulimi Case before the Grand Chamber of the European Court of Human Rights: Business as usual? Test of Equivalent Protection, (Constitutional) Hierarchy and Systemic Integration

1. Introduction In June 2016, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR, the Court) delivered its judgment in the case of Al-Dulimi and Montana Management Inc v Switzerland.[1] The GC confirmed the findings of the Chamber (C) that had examined the case in 2013,[2] but appears to have departed in...

Back to consistency? The relationship between UNSC resolutions and the ECHR after the Grand Chamber’s decision in Al-Dulimi II

Introduced by Maurizio Arcari On 21 June 2016 the Grand Chamber of the European Court of Human Rights (ECtHR) handed down its definitive judgment in the case of Al-Dulimi v Switzerland,[1] addressing the legality under the European Convention on Human Rights (ECHR) of confiscation of asset measures imposed on an Iraqi national by Swiss authorities...

Carrot and Stick. The Italian Constitutional Court’s Preliminary Reference in the Case Taricco

1. A new type of preliminary reference: the ‘threatening reference of appeal’ Order 24/2017 is the third request for a preliminary ruling the Italian Constitutional Court (‘ICC’) has referred to the European Court of Justice (‘ECJ’),[1] but it significantly differs from the previous two. The first and the second request – orders 103/2008 and 207/2013...

The Italian Constitutional Court on Taricco: Unleashing the normative potential of ‘national identity’?

1. Introduction Much ink has been spilt over this case. The facts are probably well known, at least in general terms. In 2015, two incidental referrals of constitutional questions were lodged with the Italian Constitutional Court (ICC). The referring courts, ie the Milan Court of Appeal and the Court of Cassation had some doubt as...

Of direct effect, primacy and constitutional identities: Rome and Luxembourg enmeshed in the Taricco case

Introduced by Antonello Tancredi   In the preliminary ruling rendered by the Grand Chamber in the Taricco case (case C-105/14) on 8 September 2015, the European Court of Justice stated inter alia that if a national rule concerning limitation periods for criminal offences prevents the imposition of effective and dissuasive penalties in a significant number...

A legal approach to investigations of arbitrary deprivations of life in armed conflicts: The need for a dynamic understanding of the interplay between IHL and HRL

1. Introduction This paper is a response to the analysis provided by Dr Luca Gervasoni on a ‘Contextual-Functional Approach to Investigations of Right to Life Violations in Armed Conflicts’. In his contribution, Dr Gervasoni provided a very thorough and precise analysis of developments in the human rights sphere pertaining to the obligation to investigate in...

A contextual-functional approach to investigations into right to life violations in armed conflict

1. Introduction The right to life is often referred to as the foundational right insofar as ‘when [it] is not respected, all the other rights lack meaning’.[1] An essential protection of the right to life consists of the duty to investigate its violations.[2] Under both international human rights law and international humanitarian law States have...

The Obligation to Investigate Violations of the Right to Life Reloaded: How Far Does it Go in Times of Armed Conflict?

Introduced by Gabriella Citroni*   The right to life has been referred to as ‘the supreme right’[1] and ‘the most important of all human rights’.[2] It has further been observed that it is ‘basic to all human rights’,[3] given that its enjoyment is ‘essential for the exercise of all other human rights. If not respected,...