The impact of Article 43 of Decree-Law no 36/2022 on enforcement proceedings regarding German State-owned assets
1. Introduction Article 43 of the Italian Decree-Law no 36 of 30 April 2022, later converted into law under Law no 79 of 29 June 2022, addresses the concerns raised by Germany, including before the International Court of Justice, regarding the seizure of German State-owned property located in Italy on the basis of judgments through...
Italian courts and the evolution of the law of State immunity: A reassessment of Judgment no 238/2014
1. Introduction In Judgment no 238/2014, the Italian Constitutional Court made no secret of its aspiration to bring change to the law of State immunity. This aim was stated in a way that some may see as typically Italian: by seeking inspiration, if not legitimacy, from past glories. In a telling passage, the Court recalled...
Germany versus Italy reloaded: Whither a human rights limitation to State immunity?
1. Two scenarios The application against Italy recently filed with the International Court of Justice (ICJ)[1] by Germany and associated circumstances invite a few preliminary observations about the possible impact of these developments on the central issue underlying this long-standing dispute, namely the relationship between human rights and State immunity. In this connection, two scenarios...
Questions relating to the request for the indication of provisional measures in the case Germany v Italy
1. Introduction The question of international law that I was entrusted to analyze concerns the procedural aspects and prospects in particular of the request for the indication of provisional measures in the case brought by Germany before the International Court of Justice (ICJ) on 29 April 2022.[1] As is well known, the question as to...
