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Abstract
The chapter’s aim is to assess whether rules permitting States do use armed force against States which develop, threaten to use and/or materially use CBRN weapons against other States or their people, or are ‘unwilling or unable’ to prevent non-state actors from developing and using them, have been emerging in contemporary international law. It concludes in the negative although it acknowledges that new tendencies have been developing.
Abstract
How have Mediterranean States been combating unlawful activities carried out on the high seas? Can international rules on enforcement and adjudicative jurisdiction help coastal States to meet this challenge? This contribution attempts to answer these questions with reference to the jurisprudence of the supreme courts of Italy and Spain. The analysis identifies a common attempt by both courts to expand the jurisdiction of domestic tribunals in cases of smuggling of migrants and trafficking of drugs by adopting expansive interpretations of domestic and international law rules.
Evolving Dynamics in International and European Law
Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.
Evolving Dynamics in International and European Law
Legal Sources in Business and Human Rights engages with some evolving trends that are currently affecting the international and EU law sources in the field of Business and Human Rights. Three main dynamics are detected and explored: the emergence of international legal obligations that are also binding on corporations (Part I); the growing participation of corporations in traditional international standard-setting and law-making processes and, in parallel, the emergence of atypical and heterogeneous law-making processes (Part II); the formal or substantive hardening of originally soft normative standards, through a multi-layered and multi-player law-making process (Part III). Interestingly, these trends concur to mitigate States’ reluctance to accept binding rules in this field, and to strengthen the effectiveness of soft international regulation.