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 XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organisations and UN Security Council’s targeted sanctions, and on the participation of
amici curiae in investor-State arbitrations. This section includes also shorter notes on current developments in the field of private military contractors and foreign direct investment in the recovery of cultural heritage, as well as surveys of the practice of ICJ, ITLOS, international criminal tribunals, WTO, ICSID, and the ECtHR.
The second section covers the Italian practice in the areas of i) judicial decisions; ii) diplomatic and parliamentary practice; iii) treaty practice; and iv) national legislation. 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
This collection of essays—written by friends and colleagues of Joakim Dungel—focuses on the protection of the innocent during and after war. It is a tribute to Joakim’s life and work. Joakim made a significant contribution to international justice and the rule of law, through his service to the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Temporary International Presence in Hebron, and the United Nations Assistance Mission in Afghanistan. He was also a prolific author and published scholarly works on a wide range of issues, including command responsibility, national security interests, the right to humanitarian assistance during internal armed conflicts, and crimes against humanity. This book continues Joakim’s work with in-depth analyses of a variety of issues arising under modern conflict, such as the application of international humanitarian law and international human rights law to aerial drone attacks, targeted sanctions, and reparations to victims. Joakim understood these complex and interlinked issues and dedicated his professional life to engaging with them. Through his work and his scholarship, he demonstrated the crucial importance of adopting victim-centred approaches to dealing with the consequences of armed conflict and to its prevention. This was also why he chose to work for the United Nations as a human rights officer in Afghanistan. This book attempts to honour and affirm Joakim’s choice.
diverse population without discrimination and regardless of ethnicity, religion or citizenship status’. It also called for ‘prompt, concerted and effective international action’, including an arms embargo and targetedsanctions against ‘senior officers responsible for crimes against humanity or other
United Nations Sanctions - Mohamed BENNOUNA
In this course, Mohamed Bennouna, permanent representative of Morocco to the UN, sets out to analyze the phenomenon of the United Nations' economic sanctions by closely observing international practices. Mr. Bennouna first tackles the question of imposing economic sanctions as a means of pressure. His areas of interest in this matter are international legality and the invocation of chapter VII of the UN Charter, as well as the purpose of the sanctions and the re-establishment of international legality. Secondly, Mr. Bennouna describes the collateral damage caused by the sanctions (the impact on the target country's population and third countries' population). Mr. Bennouna also describes the process of monitoring the application of economic sanctions (monitoring of the sanctions' application by Member States and by the sanction committees). Finally, the author pays attention to the question of targeted sanctions known as smart sanctions, and he concludes by describing the process of lifting the economic sanctions (suspension of the sanctions and withdrawal of the sanctions).
The Codification of International Trade Law and Private International Law - Normative Governance through Transnational Economic Relations - Catherine KESSEDJIAN
In this course, Catherine Kessedjian, professor at the University Pantheon-Assas (Paris II) sets out to determine the concrete reality of the legal standards created to govern transnational business transactions, in order to present as objective a view as possible of the subject: the relations between International Trade Law and Private International Law. Professor Kessedjian develops her subject in four steps. After explaining the concepts and definitions she employs (codification, concepts of international trade law and private international law), professor Kessedjian reports on the diversity of the sources (public sources, private sources). She then introduces in the chapter "The Standard" the elements that influence the standard's structure and highlights the choice which must be made between material standard and conflict standard. Finally, Professor Kessedjian reflects on the role of the judge from different perspectives.
Law of the Economic and Monetary Union - René SMITS
In this course, Professor René Smits, holder of the Jean Monnet chair at the University of Amsterdam, discusses the law of the Economic and Monetary Union. After a brief overview of the historical background, professor Smits focuses on the Economic Union, the Monetary Union, the European System of Central Banks (consisting of the central banks of the Member States and the European Central bank), the euro, and the external aspects of the Economic and Monetary Union. Professor Smits takes care to point out that the EMU (Economic and Monetary Union) contains an "E", which should not be forgotten for the unique benefit of the monetary union and the euro.
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.
Relevant insights into how the balance between the interests at stake is drawn in European case law can also be derived from cases concerning the implementation of Security Council targetedsanctions. These cases concern individuals who are directly targeted by the Security Council, through a un