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The long journey of ‘Privatautonomie’

The history of a concept coined and exported in times of persecution

Arndt Kiehnle

of the limits on private autonomy’ 13 . Still in the 1940s, the ­number of ­German native speakers, Germans and Austrians, among those who write about private autonomy 14 is astonishingly large. This was not at least a con­sequence of the involuntary emigration from Nazi Germany 15 . Especially


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

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.


Edited by Lauri Mälksoo, Ineta Ziemele and Dainius Žalimas

The Baltic Yearbook of International Law is an annual publication containing contributions on topical issues in international law and related fields that are relevant to Baltic affairs and beyond. In addition to articles on different aspects of international law, each Yearbook focuses on a theme with particular importance to the development of international law or interest to the Baltic region.
Volume 11 of the Baltic Yearbook of International Law is the first volume devoted exclusively to one of the Baltic national schools of international law. Its theme is the Lithuanian school of international law and its traditions and modern developments. It is not often that contributions to the development and thought in international law from small States and academic communities achieve wider audiences or have larger influence. The Baltic Yearbook continues to serve as a forum for providing insights into international law scholarly debates and practices in the region. Like all the previous volumes, current volume contains extensive reports on practices of Estonia, Latvia and Lithuania in international law. The Yearbook thereby aims to contribute to the development of thought and relevant practices in the world.


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.

National Socialist Family Law

The Influence of National Socialism on Marriage and Divorce Law in Germany and the Netherlands


Mariken Lenaerts

In National Socialist Family Law, Mariken Lenaerts analyses the possible influence of National Socialism on marriage and divorce law in Germany and the Netherlands. As the family was regarded the germ-cell of the nation, the Nazis made many changes in German and Dutch marriage and divorce law to suit their purpose of a thousand-year Aryan Reich. By making extensive use of archival resources, Mariken Lenaerts gives an overview of the most important changes adopted in marriage and divorce law by the Nazis and proves that although daily marital life in both countries was highly influenced by National Socialism, marriage and divorce law did not become National Socialist.

Listen to Lenaerts explaining about her project:

In 2013 the book was awarded the Prix Fondation Auschwitz – Jacques Rozenberg.

Alessandro Chechi

Two years ago, German authorities conducting a routine tax investigation stumbled on the largest trove of missing artworks since the end of the Second World War. The collection of paintings and drawings was discovered in a Munich apartment owned by Cornelius Gurlitt, the late son of Hildebrand Gurlitt, one of the art dealers approved by the Nazis. It is likely that most of these artworks were plundered from German museums and Jewish collections in the period 1933-1945. The discovery triggered heated debates about the obligations of the German State and the property rights over this art collection. This article looks at the ongoing Gurlitt case from an international law perspective and discusses two different but interrelated issues. First, it traces the genealogy and extrapolates the influence of the international legal instruments that have been adopted to deal with the looting of works of art committed by the Nazis. Second, it examines the available means of dispute settlement that can lead to the “just and fair” solution of Holocaust-related cases in general and the Gurlitt case in particular. The objective of this analysis is to demonstrate that international law plays a key role in addressing and reversing the effects of the Nazi looting.

Philipp Glahé

of German politics. The jurists had a large network at their disposal, having connections to leading international and German politicians like Konrad Adenauer, Winston Churchill, as well as to churches, and even to the Pope himself. 4 What is more, the members of the Heidelberg Circle had had very

kingdom, a satrapy in the Nazi hegemony, and inferior constituency of the Yugoslav Federation, until finally achieving real independence in 1991. Croat tribes settled in the northwestern corner of the Adriatic coast in the late 6th century, part of the westward migration of Eurasian peoples into the

Valentin Jeutner

submarine commanders who execute military orders in a theatre of war could be equated with pirates, 117 then it is difficult to avoid the conclusion that Nazi-Germany’s unpolitical ‘ordinary businessmen’ were nothing else but pirates in suits since they, like pirates, engaged in opportunistic, profit