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Michał Rynkowski

omitted unless they appear in the database of the ECtHR and in literature. 1.2 The Case Law of the ECtHR The European Commission of Human Rights (until 1998) and the European Court of Human Rights (hereafter ECtHR) in Strasbourg, among thousands of judgments and decisions, have issued several hundred

Russia and European Human-Rights Law

The Rise of the Civilizational Argument


Edited by Lauri Mälksoo

In Russia and European Human-Rights Law: The Rise of the Civilizational Argument, Lauri Mälksoo and his co-authors critically examine Russia's experiences as part of the European human-rights protection system since its admittance to the Council of Europe in 1998. The authors combine legal and constructivist international-relations theory perspectives in studying Russia's practice and rhetoric as a member of the Council of Europe and a subject to the jurisdiction of the European Court of Human Rights. Certain aspects of human-rights doctrine and practice in Russia are particularly highlighted: the increasing impact of Orthodox Christian teachings on the Russian government's ideology, the situation with media freedom, freedom of religion, etc. The authors draw widely on Russian sources and media. The questions whether modern-day Russia truly fits in the human-rights protection system of the Council of Europe, and whether a margin of appreciation will suffice when dealing with Moscow, are highly relevant in contemporary European politics.


Edited by Benedetto Conforti, Luigi Ferrari Bravo, Francesco Francioni, Natalino Ronzitti, Giorgio Sacerdoti and Riccardo Pavoni

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.


Edited by Francesco Francioni, Natalino Ronzitti, Giorgio Sacerdoti and Riccardo Pavoni

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.


Edited by Stephan Wittich and Gerhard Loibl

The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. The current Volume covers 2014.

Contributors are: Markus P. Beham, Christina Binder, Irene Etzersdorfer, Maria Hadjipavlou, Gerhard Hafner, Volker Hauck, Peter Hilpold, Jane Alice Hofbauer, Marios Ieronymides, Philipp Janig, Ralph R.A. Janik, Nikolas Kyriakou, Sara Mansour Fallah, Karl Müller, Adamantios Theodor Skordos, Helmut Tichy, Stephan Wittich, and Ioannis Zelepos

Laura Salvadego

case of foreign ships suspected of being engaged in the ‘slave trade’, but makes no mention of trafficking. The clear distinction between ‘slavery’ and ‘trafficking in human beings’ was also highlighted by the European Court of Human Rights (ECtHR) in the Rantsev case. 13 Consequently, migrant

Between Criminalization and Protection

The Italian Way of Dealing with Migrant Smuggling and Trafficking within the European and International Context

Vincenzo Militello and Alessandro Spena

Convention on Human Rights ECtHR European Court of Human Rights FD Facilitation Directive FFD Facilitation Framework Decision g.i.p. Giudice per le indagini preliminari (Judge of preliminary investigations) ICCPR International covenant on civil and political rights (New York, 1966) l. legge (statute law

Mikkel Jarle Christensen

European Court of Human Rights at the Crossroads of International and National Law and Politics’ [Blackwell Publishing Ltd] 32 Law & Social Inquiry 137. 23 Antoine Vauchez, Brokering Europe: Euro-lawyers and the Making of a Transnational Polity (9781107042360, Cambridge University Press 2015). 24

Frank Cranmer

Rights and Károly Nagy The approach of the courts in Macdonald and Preston has also been given a degree of support by a recent judgment of the European Court of Human Rights (‘ECtHR’) in Károly Nagy . 52 Mr Nagy, a minister in the Hungarian Reformed Church, brought a compensation claim following

Ahmed Salisu Garba

different assessment tests that exist today, the European Court of Human Rights’ judicial review mechanism is the most suitable to the Nigerian environment in comparison with those of Germany, the United States of America and Canada. This is because it is more sensitive to people’s environment than the