Italian Yearbook of International Law 28 (2018)


Editor: Giuseppe Nesi
Associate Editor: Daniele Amoroso
Volume XXVIII of The Italian Yearbook of International Law opens with a Symposium on search and rescue (SAR) operations. The Symposium addresses: i) the conflicting interpretations by States and NGOs of SAR obligations in the context of migration at sea; ii the rules governing the identification of a place of safety; iii) the (alleged) obligation to disembark people rescued at sea; iv) EU regional disembarkation arrangements; v) the responsibility of shipmasters and States involved in SAR disasters; vi) the Vatican City State’s refusal to grant its flag to SAR vessels. The Volume further contains articles on the interplay between investment law and the duty of non-recognition in situations of contested sovereignty; on the compatibility with human rights law of Italy’s 2019 budget; on the effects of judgments of the European Court of Human Rights on final decisions issued by Italian courts; and on government transparency and the right of access to information in the Italian legal order. It also features timely contributions on Italian treaty practice relating to the management of migratory flows; the role of Facebook in the persecution of the Rohingya minority in Myanmar; the responsibility of European States for American drone strikes; the provisions on climate change in the 2019 Aachen Treaty between France and Germany. As in every volume the following sections 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 2018, 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.

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List of Abbreviations


Giuseppe Cataldi
Italy Versus NGOs: The Controversial Interpretation and Implementation of Search and Rescue Obligations in the Context of Migration at Sea
Giorgia Bevilacqua
Between a “Go Back!” and a Hard (to Find) Place (of Safety): On the Rules and Standards of Disembarkation of People Rescued at Sea
Paolo Turrini
The Missing Obligation to Disembark Persons Rescued at Sea
Kiara Neri
EU Regional Disembarkation Arrangements in the Mediterranean: Between the Outsourcing of Search and Rescue Services and the Externalisation of Sea Border Management
Marco Fantinato
Distributing Responsibility between Shipmasters and the Different States Involved in SAR Disasters
Francesca De Vittor and Massimo Starita
The Vatican City State’s Refusal to Grant its Flag to Search and Rescue Vessels of NGOs Operating in the Mediterranean
Valentin J. Schatz and Fabian Endemann


The Interplay between Investment Law and the Duty of Non-recognition in Situations of Contested Sovereignty
Sondra Faccio
Sovereign Debt, “Austerity”, and Socio-Economic Rights: Italy’s 2019 Budget between EU Fiscal Rules and International Human Rights Law
Emma Luce Scali
The Effects of Judgments of the European Court of Human Rights on the Final Decisions of Domestic Courts: Recent Developments in the Italian Case Law
Fabrizio Marongiu Buonaiuti
Government Transparency and the Right of Access to Information: Evolving International and European Standards and their Implementation in the Italian Legal System
Valentina Rossi


The Conclusion of Bilateral Agreements and Technical Arrangements for the Management of Migration Flows: An Overview of the Italian Practice
Andrea Spagnolo
The Role of Facebook in the Persecution of the Rohingya Minority in Myanmar: Issues of Accountability Under International Law
Silvia Venier
On American Drone Strikes and (Possible) European Responsibilities: Facing the Issue of Jurisdiction for “Complicity” in Extraterritorial Targeted Killings
Diego Mauri
The Franco-German Approach to Tackling Climate Change in the Aachen Treaty of 2019
Ferdinando Franceschelli


The Judicial Activity of the International Court of Justice in 2018
Serena Forlati
The International Tribunal for the Law of the Sea and Other Law of the Sea Jurisdictions (2018)
Tullio Treves
International Criminal Justice (2018)
Raffaella Nigro
The WTO in 2018: Systemic Developments, Disputes and Review of the Appellate Body’s Reports
 edited by Giorgio Sacerdoti
Investment Arbitration 2018: Back to Basics
Giovanni Zarra


Classification scheme

JUDICIAL DECISIONS (edited by Daniele Amoroso and Andrea Caligiuri)
V. IMMUNITIES: The Aftermath of the Italian Constitutional Court Judgment No. 238 of 2014 in Exequatur and Enforcement Proceedings (note by Pierfrancesco Rossi)
VII. LAW OF THE SEA: What Possibilities for Exercising Criminal Jurisdiction over Migrant Smugglers in International Waters? (note by Francesca Mussi)
XI. TREATMENT OF ALIENS AND NATIONALITY: Diplomatic Protection Before Italian Administrative Judges (note by Andrea Caligiuri)
XII. HUMAN RIGHTS: Gender-Sensitive Interpretation of International Protection in the Light of Italian Practice (note by Maura Marchegiani); The Compliance of Retrospective Pension Legislation with the ECHR before the Constitutional Court (note by Donato Greco); Ne Bis in Idem Principle and “Double-Track Systems”: The Ongoing Dialogue between the Italian Constitutional Court and the ECtHR (note by Cristina Renghini); Cultural Practices and the Protection of Human Rights in a Recent Ruling by the Corte Di Cassazione (note by Alessandra Nepa)
XIII. INTERNATIONAL CRIMINAL LAW: Limiting “Preventism”? The Court of Cassation Clarifies the Notion of “Participation in an Association for Terrorist Purposes” (note by Elena Carpanelli)
XVII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW: A Controversial Ruling by the Corte di Cassazione on the Domestic Rank of Treaties Other than the European Convention on Human Rights (note by Giuliana Lampo); The European Social Charter as a Parameter for Constitutional Review of Legislation (note by Lorenza Mola)
XXI. INTERNATIONAL DISPUTE SETTLEMENT: Parallel Domestic and Arbitral Proceedings: Italian Judges Still Distrust International Arbitration (note by Giovanni Zarra)

DIPLOMATIC AND PARLIAMENTARY PRACTICE (edited by Pietro Gargiulo, Marco Pertile and Paolo Turrini)
VI. TERRITORY: The Annexation of Crimea and the Sanctions against the Russian Federation (note by Antonino Alì)
XI. TREATMENT OF ALIENS AND NATIONALITY: The Diplomatic Row between Italy and Austria over Vienna’s Draft Laws on Dual Nationality and Consular Assistance for German- and Ladin-speaking South Tyroleans (note by Marco Pertile and Aida Halilovic)
XII. HUMAN RIGHTS: Migration Policy and Management (note by Chiara Tea Antoniazzi)
XIV. COOPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIOECONOMIC MATTERS: The Threatened Demolition of the Khan al-Ahmar “Rubber Tire School” in the Occupied Palestinian Territory (note by Marco Pertile)
XVI. INTERNATIONAL ORGANIZATIONS: The Scope and Means of Action of the United Nations Security Council as Seen by Italy During Its “Shared Membership” (note by Paolo Turrini)
XVIII. USE OF FORCE AND PEACE-KEEPING: The Airstrikes against Syria in Response to the Alleged Use of Chemical Weapons (note by Jean Paul Moinet)
XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT: The Illegal Trafficking in Crude Oil and Petroleum Products from Libya and the Relationship between Italy and Malta (note by Marco Pertile)

LEGISLATION (edited by Pia Acconci)
XI. TREATMENT OF ALIENS AND NATIONALITY: Decree-Law No. 113 of 4 October – converted, with amendments, into Law No. 132 of 1 December 2018 (GU No. 281 of 3 December 2018); Reform of the Italian Regulatory Framework on Migration (note by Sara Fattorini)


Italian Bibliographical Index of International Law 2018 (edited by Giulio Bartolini and Alessandro Chechi)

Review of Books (edited by Marco Gestri)
Pietro Pustorino, Movimenti insurrezionali e diritto internazionale, Bari, Cacucci Editore, 2018 (Pietro Gargiulo); Eduardo Savarese, Certezza del diritto e diritto internazionale. Coerenza e identità tra fonti e argomentazione, Napoli, Edizioni Scientifiche Italiane, 2018 (Lorenzo Gradoni); Duncan French and Louis Kotzé (eds.), Sustainable Development Goals: Law, Theory and Implementation, Cheltenham, Edward Elgar Publishing, 2018 (Dario Piselli); Emanuele Sommario, Stati d’emergenza e trattati a tutela dei diritti umani, Torino, Giappichelli, 2018 (Valeria Eboli); Gabriela Oanta (ed.), El Derecho del Mar y las personas y grupos vulnerables, Barcelona, Bosch Editor, 2018 (Simone Vezzani); Gabriele Della Morte, Big Data e protezione internazionale dei diritti umani. Regole e conflitti, Napoli, Editoriale Scientifica, 2018 (Diego Mauri); Giovanni Cellamare and Ivan Ingravallo (eds.), Peace Maintenance in Africa. Open Legal Issues, Cham, Springer-Giappichelli, 2018 (Pietro Pustorino)