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The Global Compact for Safe, Orderly and Regular Migration: What is its contribution to International Migration Law?

1. Introduction The recent endorsement by the United Nations General Assembly of the Global Compact for Safe, Orderly and Regular Migration (Global Compact on Migration or GCM)[1] has been the subject of extensive political debate at both the national and international level. This significant public attention is undoubtedly due to the importance that migration policies...

The Global Compact and national legislation: quid iuris?

1. Introduction With regard to the possible approaches of national legislation to its ongoing process of refinement, the Global Compact for safe, orderly and regular migration[1] raises a number of questions: a) The first question concerns the relationship between Government and Parliament: what role can the two institutions play, and what role have they in...

Forthcoming

Forthcoming

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...

Science novit curia? Damage evaluation methods and the role of experts in the Costa Rica v Nicaragua case

1. Introduction In the Judgment concerning the quantification of damages owed by Nicaragua to Costa Rica, issued on 2 February 2018 (‘the 2018 Judgment’),[1] the International Court of Justice (‘the Court’) for the first time awarded compensation for damages to the environment. The facts of the case have been aptly recounted in Kindji and Faure’s...

Assessing reparation of environmental damage by the ICJ: A lost opportunity?

1. Introduction The recent judgment of the International Court of Justice (ICJ) brings to the fore the issues pertaining to the prevention and compensation of transboundary environmental harm. This case is of particular importance for two essential reasons. First, it is related to a freshwater wetland protected under the Ramsar Convention.[1] Wetlands indeed constitute a...

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...

The relationship between Human Rights and Property and the need for comparison in International Law

1. Premise International law and comparative law are traditionally concerned not only with two different fields of legal studies but they are also characterised by two divergent ways of looking at legal phenomena. Indeed, international law presupposes the idea of the universality of law, a uniform law that is not upset by the fragmentation of...

Comparative law and international law: inevitable liaisons?

1. Introduction The cue to start reflecting on the connections between comparative law and international law comes from the renewed interest in a `comparative’ approach to international law. Indeed, since the end of the last century, more and more international law scholars have become engaged in shaping ‘Comparative International Law’ as a new field of...

Border-induced displacement: The ethical and legal implications of distance-creation through externalization

1. Introduction: The role of distance The externalization of European border control can be defined as the range of processes whereby European actors and Member States complement policies to control migration across their territorial boundaries with initiatives that realize such control extra-territorially and through other countries and organs rather than their own. The phenomenon has...

Is Italy Internationally Responsible for the Gross Human Rights Violations against Migrants in Libya?

1. Introduction It is widely known that many migrants coming from Sub-Saharan Africa or the Middle East try to reach the European shores through Libya. It is also widely known that, before being able to set sail, many of them are halted and detained for a long time in Libya, where they suffer from gross...

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,...