The Italian Yearbook of International Law, Volume 21 (2011)

Series:

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.


Hardcover:

EUR €219.00USD $276.00

Table of contents

ITALIAN YEARBOOK OF INTERNATIONAL LAW Vol. XXI – 2011 TABLE OF CONTENTS Symposium: THE LIBYAN CRISIS AND INTERNATIONAL LAW 1. NATO’S INTERVENTION IN LIBYA: A GENUINE ACTION TO PROTECT A CIVILIAN POPULATION IN MORTAL DANGER OR AN INTERVENTION AIMED AT REGIME CHANGE? Natalino Ronzitti 2. THE NO-FLY ZONE OVER LIBYA: ENFORCEMENT ISSUES Luisa Vierucci 3. RECOGNITION OF THE LIBYAN NATIONAL TRANSITIONAL COUNCIL: WHEN, HOW AND WHY Giuseppe Nesi 4. THE SECURITY COUNCIL’S ASSET FREEZE AGAINST GADDAFI’S LIBYA AND ITS IMPLEMENTATION IN ITALY Giorgio Sacerdoti and Pia Acconci 5. THE DAY AFTER: PROSECUTING INTERNATIONAL CRIMES COMMITTED IN LIBYA Marina Mancini 6. BEYOND LIBYA: MORAL NORMS IN INTERNATIONAL LAW AND THE USE OF FORCE BY STATES Ciaran Burke Focus: THE ICJ JUDGMENT IN JURISDICTIONAL IMMUNITIES OF THE STATE (GERMANY V. ITALY: GREECE INTERVENING) 7. THE JUDGMENT OF THE INTERNATIONAL COURT OF JUSTICE ON THE IMMUNITY OF FOREIGN STATES: A MISSED OPPORTUNITY Benedetto Conforti 8. AN AMERICAN ANOMALY? ON THE ICJ’S SELECTIVE READING OF UNITED STATES PRACTICE IN JURISDICTIONAL IMMUNITIES OF THE STATE Riccardo Pavoni 9. JUS COGENS AND JURISDICTIONAL IMMUNITIES OF STATES AT THE INTERNATIONAL COURT OF JUSTICE: A CONFLICT DOES EXIST Carlos Espósito 10. ARE ITALIAN COURTS DIRECTLY BOUND TO GIVE EFFECT TO THE JURISDICTIONAL IMMUNITIES JUDGMENT? Mirko Sossai NOTES AND COMMENTS 11. UNLOCKING AND ADVANCING THE PROTECTION OF RELIGIOUS BELIEFS IN STRASBOURG: TOWARDS SUB-DIVIDING “THE PUBLIC SPHERE” John Morijn 12. COLLECTIVE ACTIONS IN ICSID ARBITRATION: THE ARGENTINE BONDS CASE Anna de Luca 13. TREATY-BASED INVESTMENT ARBITRATION AND THE MFN CLAUSE: THE POSSIBLE COMMON DENOMINATOR BETWEEN JURISDICTION AND ADMISSIBILITY Eduardo Savarese 14. THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2011 Paolo Palchetti 15. THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2011) Tullio Treves 16. INTERNATIONAL CRIMINAL JUSTICE (2011) Carlo Focarelli 17. THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2011 Eduardo Savarese ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW Classification Scheme 18. JUDICIAL DECISIONS (edited by Giuseppe Cataldi and Massimo Iovane) 19. DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo and Giuseppe Nesi) 20. AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES (edited by Chiara Altafin and Marina Mancini) 21. LEGISLATION (edited by Pia Acconci) BIBLIOGRAPHIES 22. ITALIAN BIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2011 (edited by Giulio Bartolini and Alessandro Chechi) 23. REVIEW OF BOOKS RAYMOND PLANT, The Neo-Liberal State, Oxford, Oxford University Press, 2009 - ANDREW LANG, World Trade Law after Neoliberalism: Reimagining the Global Economic Order, Oxford, Oxford University Press, 2011 ( Carlo Focarelli); JEAN D’ASPREMONT, Formalism and the Sources of International Law. A Theory of the Ascertainment of Legal Rules, Oxford, Oxford University Press, 2011 ( Massimo Iovane); AUGUST REINISCH (ed.), Challenging Acts of International Organizations Before National Courts, Oxford, Oxford University Press, 2010 ( Daniele Amoros); CLAUDIO DORDI (ed.), The Absence of Direct Effect of WTO in the EC and in Other Countries, Torino, Giappichelli, 2010 ( Friedl Weiss); ULRICH BEYERLIN and THILO MARAUHN, International Environmental Law, Oxford, Hart Publishing, 2011 ( Massimiliano Montini); ALDO LIGUSTRO and GIORGIO SACERDOTI (eds.), Problemi e tendenze del diritto internazionale dell’economia. Liber amicorum in onore di Paolo Picone, Napoli, Editoriale Scientifica, 2011 ( Ottavio Quirico). 24. BOOKS RECEIVED 25. INDEX

Information