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In: The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective
Author: Riccardo Pavoni

The ICJ’s treatment of US practice translates into one of the most controversial aspects of the Jurisdictional Immunities judgment. The Court’s approach was elusive and patchy. Certain key decisions by US courts in the field of sovereign immunity were patently neglected, while others were addressed in a misleading manner. This article examines the Court’s citations and omissions relating to US practice, with respect to both the jus cogens and tort exception arguments advanced by Italy in defense of its Ferrini jurisprudence denying immunity when the defendant State is accused of egregious breaches of human rights. The article also enquires into the possible reasons at the root of the Court’s inadequate assessment of US practice. It takes the view that the Court’s dismissive attitude vis-à-vis the anomalous American experience casts doubt over the judgment’s reliability and persuasiveness as an accurate reflection of the contemporary law of State immunity.

In: The Italian Yearbook of International Law Online
Volume XXVI of the Italian Yearbook of International Law opens with a Focus on international law in regional and domestic legal systems, edited in cooperation with the Interest Group on “International Law in Domestic Legal Orders” of the Italian Society of International and European Union Law (SIDI). The volume further contains articles on the controversy over Istria’s cultural heritage, on the role played by human rights courts in countering abuses of power, and on the need to adopt a new regulatory approach to environmental law, as well as timely contributions on the judgment by the ECtHR’s Grand Chamber in Khlaifia v. Italy, on the Security Council’s reaction to the nuclear tests conducted by the Democratic People’s Republic of Korea, and on the Iraq (Chilcot) Inquiry Report. As in every volume the following sections, each containing a wealth of new information, are added: ‘Practice of International Courts and Tribunals’ and ‘Italian Practice Relating to International Law’.
The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2016, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook.

Published with the contributions of ENI and Tenaris.
Volume XXVII of the Italian Yearbook of International Law features a Symposium on sanctions and restrictive measures in international law. The Symposium addresses: i) the legal status of autonomous and collective sanctions in international law; ii) the EU practice relating to the adoption of restrictive measures; iii) the standard of review for the legality of economic sanctions under the security exception clauses in international trade agreements; iv) the sanctions against Russia by the Parliamentary Assembly of the Council of Europe; v) the implementation of targeted sanctions in the Italian legal order; and vi) the role of sanctions in the UN architecture on children and armed conflict. There follows a Focus section on the ILC’s work on the identification of customary international law, with contributions zooming in on i) the value of domestic case law in the identification and formation of customary law; ii) the identification of exceptions to customary norms; iii) the “specialty” of customary human rights law; and iv) the persistent objector rule. The volume further contains timely contributions on the referenda in Catalonia and Kurdistan, on the Treaty on the Prohibition of Nuclear Weapons, on the EU Conflict Minerals Regulation, and on the Memorandum of Understanding between Italy and Libya on cooperation to combat illegal migration. As in every volume the following sections, each containing a wealth of new information, are included: Practice of International Courts and Tribunals and Italian Practice Relating to International Law. The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2017, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook. Published with the contributions of ENI and Tenaris. Please click here for the online version and the abstracts of the articles of The Italian Yearbook of International Law.
Volume XXV of the Italian Yearbook of International Law opens with pieces dedicated to the memory of Professor Conforti and Professor Ferrari Bravo, two founding members of the Board of Editors of the IYIL who passed away in early 2016.
There follows a Focus section devoted to a number of international and European legal issues raised by the ongoing migratory crisis. It discusses inter alia the fight against migrant smuggling under UN Security Council resolution 2240 (2015), amendment proposals to the 1951 Refugees Convention, the implications for international responsibility of the EU’s hotspot approach to managing migration, and the protection of EU citizens victims of human trafficking in Europe.
The section on Notes and Comments contains a variety of timely contributions, including on the regime governing wrecks of State-owned ships, on the legal framework to counter foreign terrorist fighters, and on the 2015 Paris Agreement on Climate Change.
The section on Practice of International Courts and Tribunals offers an analytical overview of the 2015 activities of the ICJ, the ITLOS and other law of the sea jurisdictions, international and mixed criminal courts and tribunals, the WTO, and ICSID.
The following part of the Volume continues the tradition of the Italian Yearbook of providing reports on the contemporary Italian practice of international law, including judicial practice, diplomatic and parliamentary practice, treaty practice, and legislation.
The remaining part of the Volume contains a bibliographical index of Italian contributions to international law scholarship published in 2015, a book review section, and an analytical index for easy consultation and reference to materials cited in the Yearbook.
The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XII (2002) is organised in three main sections. The first contains doctrinal contributions including articles on the historical roots of the doctrine of just war, the legacy of the UNESCO World Heritage Convention thirty years after its adoption, the issue of compensation for victims of violations of the law of war, the extraterritoriality of the European Convention on Human Rights, and on the effects of terrorism on asylum law. This section includes also surveys on the activity of international tribunals and organizations (WTO, Law of the Sea Tribunal, International Law Commission, and European Court of Human Rights) with a special focus on the ICJ case law on territorial and boundary disputes. The second section covers the Italian practice in the areas of 1. judicial decisions (including important decisions, such as the Marković judgement on the NATO bombing of the Yugoslav television during the 1999 war in Kosovo); 2. diplomatic and parliamentary practice (such as the Italian most recent views relating to the ongoing debate on the reform of the United Nations); 3. treaty practice; and 4. national legislation (including the new legislation on immigration and treatment of aliens and the law on co-operation with the International Criminal Tribunal for Rwanda). The third section 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 that includes the main judicial cases and legal instruments cited throughout the Yearbook.
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.


This Volume XXIII of the the Italian Yearbook of International Law opens with a symposium on current trends and challenges of international investment law and arbitration taking into account the 2013 Tokyo Resolution of the Institut de droit international. It contains contributions on foreign investments, sovereignty and the public good (Francioni), on the role of customary law in investment regulation (Viñuales), on fragmentation (Petersmann), on a development-friendly definition of investment (Acconci), on the transfer provisions of Bilateral Investment Treaties (De Luca) and on the impact on foreign investments of EU law (Savarese, Rizzo) and of the Libyan conflict (Franceschelli).
The doctrinal section of the Volume includes also articles on the international action against piracy off the coast of Somalia (Annoni), on international law and Nazi-looted art in the light of the Gurlitt case (Chechi), and on the role of regional organizations in the Hungarian affaire (Casolari).

The Notes and Comments section features timely commentaries on the Shalabayeva case (Gestri), the Mothers of Srebrenica decision of the European Court of Human Rights (Spiga), and the Nuhanoviç and Mustafić judgments of the Dutch Supreme Court (Bakker).

The section on Practice of International Courts and Tribunals contains reports and commentaries on the 2013 activities of the ICJ, the ITLOS, the WTO dispute settlement bodies, and international and mixed international criminal courts and tribunals.

The second part of the Volume covers as usual the most significant Italian practice in the areas of i) judicial decisions, with special attention given to the decisions involving the implementation of the 2012 ICJ judgment in Germany v. Italy; ii) diplomatic and parliamentary practice; iii) treaty and other international agreements practice; and iv) national legislation.

The third part of the Volume includes a bibliographical index of Italian contributions to international law scholarship published in 2013, a book review section, and an analytical index for easy consultation and reference to the materials cited in the Yearbook.