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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,...

Uses and possible misuses of a Comparative International Law approach

1. The question In a recent monograph[1] and in a subsequent edited volume,[2] Anthea Roberts makes the case for the adoption of a comparative international law (CIL)[3] approach in the study and practice of international law.[4] CIL is a project addressed primarily to international lawyers rather than States.[5] It offers a vision of what international...

Is International Law International? Exploring its normative underpinnings

1. Introduction Is International Law International? The title of the celebrated book authored by Anthea Roberts[1] poses a prima facie straightforward, binary question. In line with Roberts’s high quality scholarship, the book raises challenging questions that go deep to issues, such as the source of international law’s authority and the structure of the international order....

Doctrinal thoughts on a doctrinal approach to the problem of diversity in International Law. Revisiting Anthea Roberts’ Is International Law International? and Comparative International Law

Introduced by Maurizio Arcari and Paolo Palchetti   One of the most interesting trends of the recently published literature on international law is the increasing attention paid to the role and place of legal scholars in the context of the international legal order. In parallel with legal analyses concerned with the growing influence exerted by...

The principle of non-intervention in recent non-international armed conflicts

1. Introduction The principle of non-intervention is one of great importance in the international legal system but at the same time one of complex definition. This is due to doubts regarding both the content of that principle (for example, whether it covers any and all types of external intervention in a foreign territory or just...

L’intervention de la Russie en Syrie: que reste-t-il du principe de non-intervention dans les guerres civiles?

1. Introduction L’intervention militaire de la Russie en Syrie a commencé au mois de septembre 2015, et a marqué un tournant dans l’évolution des rapports de force sur le terrain. Depuis cette date, les forces gouvernementales, soutenues par leur puissant allié, ont repris le contrôle de nombreuses parties du territoire national.[1] C’est ainsi qu’ont été...

May third states directly and/or indirectly intervene in the Syrian armed conflict?

Introduced by Micaela Frulli, Marco Roscini, Chiara Vitucci   The principle of non-intervention in the domestic affairs of other states is one of the cardinal principles of international law and there is hardly any doubt on its customary status, as the International Court of Justice has affirmed in several occasions. What is controversial, however, is...

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...