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The Italian Yearbook of International Law, Volume 21 (2011)
Series: - The Italian Yearbook of International Law, Volume: 21
The mission of The Italian Yearbook of International Law is to make the Italian contribution to the practice and literature of international law accessible to the English speaking public.
Volume XXI (2011) features a Symposium on the international law questions arising from the Libyan crisis. The Symposium addresses: i) issues of jus ad bellum and jus in bello, such as the legality and limits of the NATO’s intervention; ii) the recognition of the Libyan National Transitional Council; iii) the implementation of economic and financial sanctions in Italy; and iv) the problem of prosecuting international crimes committed in Libya by both the Gaddafi forces and the insurgents.
The first part of the Volume also features a “focus section” analysing and discussing certain aspects of the ICJ Judgment in Jurisdictional Immunities of the State (Germany v. Italy), namely i) the ICJ consideration of the Italian argument concerning the absence of alternative remedies for the victims of the Nazi crimes at stake; ii) the treatment of United States practice on State immunity by the ICJ; iii) the ICJ’s rejection of the jus cogens argument advanced by Italy; and iv) the effects of the ICJ judgment in the Italian legal system.
The “Notes and Comments” section contains contributions covering such topical issues as the protection of religious rights and freedoms by the European Court of Human Rights and collective actions in ICSID arbitration. Surveys on the activities of the ICJ, ITLOS, ICSID, and international criminal courts and tribunals occupy the remaining part of this section.
The second part of the Volume covers the 2011 Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third part contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The Volume ends with an analytical index for ready consultation which includes the main judicial cases and legal instruments cited throughout the Yearbook.
Volume XXI (2011) features a Symposium on the international law questions arising from the Libyan crisis. The Symposium addresses: i) issues of jus ad bellum and jus in bello, such as the legality and limits of the NATO’s intervention; ii) the recognition of the Libyan National Transitional Council; iii) the implementation of economic and financial sanctions in Italy; and iv) the problem of prosecuting international crimes committed in Libya by both the Gaddafi forces and the insurgents.
The first part of the Volume also features a “focus section” analysing and discussing certain aspects of the ICJ Judgment in Jurisdictional Immunities of the State (Germany v. Italy), namely i) the ICJ consideration of the Italian argument concerning the absence of alternative remedies for the victims of the Nazi crimes at stake; ii) the treatment of United States practice on State immunity by the ICJ; iii) the ICJ’s rejection of the jus cogens argument advanced by Italy; and iv) the effects of the ICJ judgment in the Italian legal system.
The “Notes and Comments” section contains contributions covering such topical issues as the protection of religious rights and freedoms by the European Court of Human Rights and collective actions in ICSID arbitration. Surveys on the activities of the ICJ, ITLOS, ICSID, and international criminal courts and tribunals occupy the remaining part of this section.
The second part of the Volume covers the 2011 Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. The third part contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The Volume ends with an analytical index for ready consultation which includes the main judicial cases and legal instruments cited throughout the Yearbook.
ITALIAN YEARBOOK OF INTERNATIONAL LAW
Vol. XXI – 2011
TABLE OF CONTENTS
Symposium: THE LIBYAN CRISIS AND INTERNATIONAL LAW
1. NATO’S INTERVENTION IN LIBYA: A GENUINE ACTION TO PROTECT A CIVILIAN POPULATION IN MORTAL DANGER OR AN INTERVENTION AIMED AT REGIME CHANGE?
Natalino Ronzitti
2. THE NO-FLY ZONE OVER LIBYA: ENFORCEMENT ISSUES
Luisa Vierucci
3. RECOGNITION OF THE LIBYAN NATIONAL TRANSITIONAL COUNCIL: WHEN, HOW AND WHY
Giuseppe Nesi
4. THE SECURITY COUNCIL’S ASSET FREEZE AGAINST GADDAFI’S LIBYA AND ITS IMPLEMENTATION IN ITALY
Giorgio Sacerdoti and Pia Acconci
5. THE DAY AFTER: PROSECUTING INTERNATIONAL CRIMES COMMITTED IN LIBYA
Marina Mancini
6. BEYOND LIBYA: MORAL NORMS IN INTERNATIONAL LAW AND THE USE OF FORCE BY STATES
Ciaran Burke
Focus: THE ICJ JUDGMENT IN JURISDICTIONAL IMMUNITIES OF THE STATE (GERMANY V. ITALY: GREECE INTERVENING)
7. THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE ON THE IMMUNITY OF FOREIGN STATES: A MISSED OPPORTUNITY
Benedetto Conforti
8. AN AMERICAN ANOMALY? ON THE ICJ’S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL IMMUNITIES OF THE STATE
Riccardo Pavoni
9. JUS COGENS AND JURISDICTIONAL IMMUNITIES OF STATES AT THE INTERNATIONAL COURT OF JUSTICE: A CONFLICT DOES EXIST
Carlos Espósito
10. ARE ITALIAN COURTS DIRECTLY BOUND TO GIVE EFFECT TO THE JURISDICTIONAL IMMUNITIES JUDGMENT?
Mirko Sossai
NOTES AND COMMENTS
11. UNLOCKING AND ADVANCING THE PROTECTION OF RELIGIOUS BELIEFS IN STRASBOURG: TOWARDS SUB-DIVIDING “THE PUBLIC SPHERE”
John Morijn
12. COLLECTIVE ACTIONS IN ICSID ARBITRATION: THE ARGENTINE BONDS CASE
Anna de Luca
13. TREATY-BASED INVESTMENT ARBITRATION AND THE MFN CLAUSE: THE POSSIBLE COMMON DENOMINATOR BETWEEN JURISDICTION AND ADMISSIBILITY
Eduardo Savarese
14. THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2011
Paolo Palchetti
15. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2011)
Tullio Treves
16. INTERNATIONAL CRIMINAL JUSTICE (2011)
Carlo Focarelli
17. THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2011
Eduardo Savarese
ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW
Classification Scheme
18. JUDICIAL DECISIONS
(edited by Giuseppe Cataldi and Massimo Iovane)
19. DIPLOMATIC AND PARLIAMENTARY PRACTICE
(edited by Pietro Gargiulo and Giuseppe Nesi)
20. AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES
(edited by Chiara Altafin and Marina Mancini)
21. LEGISLATION
(edited by Pia Acconci)
BIBLIOGRAPHIES
22. ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2011
(edited by Giulio Bartolini and Alessandro Chechi)
23. REVIEW OF BOOKS
RAYMOND PLANT, The Neo-Liberal State, Oxford, Oxford University Press, 2009 - ANDREW LANG, World Trade Law after Neoliberalism: Reimagining the Global Economic Order, Oxford, Oxford University Press, 2011 (Carlo Focarelli); JEAN D’ASPREMONT, Formalism and the Sources of International Law. A Theory of the Ascertainment of Legal Rules, Oxford, Oxford University Press, 2011 (Massimo Iovane); AUGUST REINISCH (ed.), Challenging Acts of International Organizations Before National Courts, Oxford, Oxford University Press, 2010 (Daniele Amoros); CLAUDIO DORDI (ed.), The Absence of Direct Effect of WTO in the EC and in Other Countries, Torino, Giappichelli, 2010 (Friedl Weiss); ULRICH BEYERLIN and THILO MARAUHN, International Environmental Law, Oxford, Hart Publishing, 2011 (Massimiliano Montini); ALDO LIGUSTRO and GIORGIO SACERDOTI (eds.), Problemi e tendenze del diritto internazionale dell’economia. Liber amicorum in onore di Paolo Picone, Napoli, Editoriale Scientifica, 2011 (Ottavio Quirico).
24. BOOKS RECEIVED
25. INDEX
Vol. XXI – 2011
TABLE OF CONTENTS
Symposium: THE LIBYAN CRISIS AND INTERNATIONAL LAW
1. NATO’S INTERVENTION IN LIBYA: A GENUINE ACTION TO PROTECT A CIVILIAN POPULATION IN MORTAL DANGER OR AN INTERVENTION AIMED AT REGIME CHANGE?
Natalino Ronzitti
2. THE NO-FLY ZONE OVER LIBYA: ENFORCEMENT ISSUES
Luisa Vierucci
3. RECOGNITION OF THE LIBYAN NATIONAL TRANSITIONAL COUNCIL: WHEN, HOW AND WHY
Giuseppe Nesi
4. THE SECURITY COUNCIL’S ASSET FREEZE AGAINST GADDAFI’S LIBYA AND ITS IMPLEMENTATION IN ITALY
Giorgio Sacerdoti and Pia Acconci
5. THE DAY AFTER: PROSECUTING INTERNATIONAL CRIMES COMMITTED IN LIBYA
Marina Mancini
6. BEYOND LIBYA: MORAL NORMS IN INTERNATIONAL LAW AND THE USE OF FORCE BY STATES
Ciaran Burke
Focus: THE ICJ JUDGMENT IN JURISDICTIONAL IMMUNITIES OF THE STATE (GERMANY V. ITALY: GREECE INTERVENING)
7. THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE ON THE IMMUNITY OF FOREIGN STATES: A MISSED OPPORTUNITY
Benedetto Conforti
8. AN AMERICAN ANOMALY? ON THE ICJ’S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL IMMUNITIES OF THE STATE
Riccardo Pavoni
9. JUS COGENS AND JURISDICTIONAL IMMUNITIES OF STATES AT THE INTERNATIONAL COURT OF JUSTICE: A CONFLICT DOES EXIST
Carlos Espósito
10. ARE ITALIAN COURTS DIRECTLY BOUND TO GIVE EFFECT TO THE JURISDICTIONAL IMMUNITIES JUDGMENT?
Mirko Sossai
NOTES AND COMMENTS
11. UNLOCKING AND ADVANCING THE PROTECTION OF RELIGIOUS BELIEFS IN STRASBOURG: TOWARDS SUB-DIVIDING “THE PUBLIC SPHERE”
John Morijn
12. COLLECTIVE ACTIONS IN ICSID ARBITRATION: THE ARGENTINE BONDS CASE
Anna de Luca
13. TREATY-BASED INVESTMENT ARBITRATION AND THE MFN CLAUSE: THE POSSIBLE COMMON DENOMINATOR BETWEEN JURISDICTION AND ADMISSIBILITY
Eduardo Savarese
14. THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2011
Paolo Palchetti
15. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2011)
Tullio Treves
16. INTERNATIONAL CRIMINAL JUSTICE (2011)
Carlo Focarelli
17. THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2011
Eduardo Savarese
ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW
Classification Scheme
18. JUDICIAL DECISIONS
(edited by Giuseppe Cataldi and Massimo Iovane)
19. DIPLOMATIC AND PARLIAMENTARY PRACTICE
(edited by Pietro Gargiulo and Giuseppe Nesi)
20. AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES
(edited by Chiara Altafin and Marina Mancini)
21. LEGISLATION
(edited by Pia Acconci)
BIBLIOGRAPHIES
22. ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2011
(edited by Giulio Bartolini and Alessandro Chechi)
23. REVIEW OF BOOKS
RAYMOND PLANT, The Neo-Liberal State, Oxford, Oxford University Press, 2009 - ANDREW LANG, World Trade Law after Neoliberalism: Reimagining the Global Economic Order, Oxford, Oxford University Press, 2011 (Carlo Focarelli); JEAN D’ASPREMONT, Formalism and the Sources of International Law. A Theory of the Ascertainment of Legal Rules, Oxford, Oxford University Press, 2011 (Massimo Iovane); AUGUST REINISCH (ed.), Challenging Acts of International Organizations Before National Courts, Oxford, Oxford University Press, 2010 (Daniele Amoros); CLAUDIO DORDI (ed.), The Absence of Direct Effect of WTO in the EC and in Other Countries, Torino, Giappichelli, 2010 (Friedl Weiss); ULRICH BEYERLIN and THILO MARAUHN, International Environmental Law, Oxford, Hart Publishing, 2011 (Massimiliano Montini); ALDO LIGUSTRO and GIORGIO SACERDOTI (eds.), Problemi e tendenze del diritto internazionale dell’economia. Liber amicorum in onore di Paolo Picone, Napoli, Editoriale Scientifica, 2011 (Ottavio Quirico).
24. BOOKS RECEIVED
25. INDEX