Subjects -> LAW (Total: 1495 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (51 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (26 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (152 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (188 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (898 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (188 journals)                     

Showing 1 - 188 of 188 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 18)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 11)
Afrilex     Open Access   (Followers: 5)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 14)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 5)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 5)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 13)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 15)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 224)
European Journal of Migration and Law     Hybrid Journal   (Followers: 40)
European Labour Law Journal     Full-text available via subscription   (Followers: 16)
European Political Science     Hybrid Journal   (Followers: 40)
European Property Law Journal     Hybrid Journal   (Followers: 6)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 12)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 263)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 27)
International Journal for Court Administration     Open Access   (Followers: 2)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 25)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 61)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 25)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 20)
International Planning Studies     Hybrid Journal   (Followers: 6)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 76)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Commercial Law and Technology     Open Access   (Followers: 3)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 12)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 24)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 9)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 19)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 6)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 5)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 16)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 13)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Italian Yearbook of International Law Online
Number of Followers: 4  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0391-5107 - ISSN (Online) 2211-6133
Published by Brill Academic Publishers Homepage  [228 journals]
  • Preliminary Material
    • Authors: Editors The Italian Yearbook of International Law
      Abstract: Source: Volume 26, Issue 1, pp I - XVII
      PubDate: 2017-10-11T00:00:00Z
       
  • INTRODUCTION
    • Authors: Massimo Iovane; Daniele Amoroso
      First page: 1
      Abstract: Source: Volume 26, Issue 1, pp 1 - 13
      PubDate: 2017-10-11T00:00:00Z
       
  • A RUSSIAN APPROACH TO INTERNATIONAL LAW IN THE DOMESTIC LEGAL ORDER:
           BASICS, DEVELOPMENT AND PERSPECTIVES
    • Authors: Sergei Yu. Marochkin
      First page: 15
      Abstract: Source: Volume 26, Issue 1, pp 15 - 40This paper focuses on the Russian case involving the perception and implementation of international law (IL) within its national jurisdiction during the twenty-five year-period since the adoption of the 1993 Constitution. This constitution contains a rather progressive and radical principle concerning the place and role of IL in the domestic legal order. A brief look back at the development of Russia’s current legal order will help to facilitate evaluating the real nature of this provision. In an effort to establish this principle, States must provide a certain set of tools, both legislative and organisational. This paper introduces the development of this principle by examining Russian doctrine, modern legislation and practice, paying particular attention to Russian judicial activity. It thus presents an overview of the entire discussion regarding the implementation of IL within Russia. This implementation has been examined extensively from multiple perspectives, including the one based on a wide array of theoretical and normative materials, as well as the practice of law enforcement bodies, especially different courts, during the period under observation. This contribution attempts to characterise the Russian Federation’s general attitude and approach to the implementation of international obligations into its domestic jurisdiction.
      PubDate: 2017-10-11T00:00:00Z
       
  • INTERNATIONAL LAW IN THE TURKISH LEGAL ORDER: TRANSNATIONAL JUDICIAL
           DIALOGUE AND THE TURKISH CONSTITUTIONAL COURT
    • Authors: Ikboljon Qoraboyev; Emre Turkut
      First page: 41
      Abstract: Source: Volume 26, Issue 1, pp 41 - 62Much has been written on the increasing significance of domestic courts in the international realm. However, the role of the Turkish constitutional judges in determining and orienting the relationship between international law and Turkish domestic law has rarely been subject to legal analysis. Literature on the involvement of the Turkish judges in transnational judicial dialogue is also almost non-existent. As far as the existing Turkish literature is concerned, much of the contemporary writing on the subject tends to focus on the hierarchical position of international agreements in the Turkish legal order. This paper intends to fill an important gap in the scholarship by providing an analysis of the decisions of the Turkish Constitutional Court (TCC) and by illuminating the TCC’s role as implementers or non-implementers of international law, and the scope of their participation in transnational judicial dialogue. Relevant sub-questions concern the extent to which the stance of the TCC’s judges may or may not alleviate concerns of the international community on the rule of law in Turkey, and whether their engagement in international law is substantial enough to limit and moderate the excesses of different political forces, including those in power, engaged in the domestic power struggle.
      PubDate: 2017-10-11T00:00:00Z
       
  • INTERNATIONAL TREATIES AND THE INDIAN LEGAL SYSTEM: NEW WAYS AHEAD
    • Authors: Vinai Kumar Singh
      First page: 63
      Abstract: Source: Volume 26, Issue 1, pp 63 - 81This article analyses the provisions of the Indian Constitution and federal laws, which give mandate to the Parliament and the Executive to enter into and give effect to international treaties. It will be underlined, in particular, that Indian practice is characterised by a certain ambiguity, which is ultimately caused by a lack of coordination between the Indian Legislature, Executive and Judiciary. The paper argues for a coherent and aligned approach amongst the various branches of government in relation to international law, and in particular treaty law. To this end, it will conclude by analysing the measures recently suggested by the Parliamentary Standing Committee Report, which would rectify the legal inconsistencies in Indian law related to the treatment of International Treaties.
      PubDate: 2017-10-11T00:00:00Z
       
  • THE INTERFERENCE OF ICSID PROVISIONAL MEASURES WITH NATIONAL CRIMINAL
           PROCEEDINGS
    • Authors: Giovanni Zarra
      First page: 83
      Abstract: Source: Volume 26, Issue 1, pp 83 - 108The purpose of the present article is to study the foundations of ICSID tribunals’ power to issue interim measures aimed at stopping domestic criminal proceedings and the effects of these measures on ongoing litigations. Starting from an analysis of the arbitrators’ power to issue binding provisional measures and of the requirements that ICSID case law has established for the issuance of orders aimed at suspending criminal domestic trials, the article then analyses the recent order for provisional measures issued in the Hydro case, a dispute concerning the alleged violation by Albania of certain standards of treatment set forth in the bilateral investment treaty of 1991 between Italy and Albania. This order, indeed, seems to have lowered the threshold for interfering with domestic criminal proceedings and its execution has shown the problems related to the enforcement of such measures. The article then discusses the effects of ICSID interim orders before the courts of recipient States and of third States.
      PubDate: 2017-10-11T00:00:00Z
       
  • REVOCATION OF ENDURING AMNESTIES VS. PRINCIPLE OF LEGALITY:
           JURISPRUDENTIAL CONTESTATIONS BETWEEN THE INTER-AMERICAN COURT OF HUMAN
           RIGHTS AND DOMESTIC COURTS
    • Authors: Michail Vagias
      First page: 109
      Abstract: Source: Volume 26, Issue 1, pp 109 - 137International human rights bodies have declared amnesties for serious human rights violations incompatible with human rights law. As a result, amnesties have been revoked many years after their award. They have thus enabled criminal prosecutions for alleged crimes committed in the distant past. This has particularly been the case in the Inter-American system. Currently, a long debate on the compatibility of amnesties with human rights norms is taking place. The present contribution focuses on a topic hitherto at the fringes of this debate; namely, whether the revocation of amnesties and the initiation of proceedings against the accused, many years after the award of the amnesty, are consistent with the principle of legality. Certain domestic courts have argued that they are not, while the Inter-American Court of Human Rights has decided otherwise. This Article reflects on the reasoning of both sides. It argues that the revocation of amnesties raises valid concerns as regards the principle of legality, which should be seriously considered by the Inter-American Court of Human Rights. It is suggested that the protection of the accused from the risk of a trial made unfair due to the passing of time and the rights of victims of access to justice require the performance of a more nuanced balancing exercise on the part of the Court.
      PubDate: 2017-10-11T00:00:00Z
       
  • BETWEEN VÖLKERRECHTSFREUNDLICHKEIT AND REALPOLITIK: THE EU AND TRADE
           AGREEMENTS COVERING OCCUPIED TERRITORIES
    • Authors: Eva Kassoti
      First page: 139
      Abstract: Source: Volume 26, Issue 1, pp 139 - 170The EU’s identity as a global actor is firmly anchored in a distinct normative and political agenda; it has consistently portrayed itself as a normative power committed to the strict observance of international law. However, more recently, the EU’s practice in relation to the conclusion of trade agreements covering occupied territories has increasingly challenged the narrative of “normative power Europe”. In this light, the present article attempts a survey of the relevant EU practice by focusing on two case studies: Palestine and Western Sahara. The article argues that, in both cases, the EU has fallen foul of the obligation to promote the right to self-determination and of the corollary obligation of non-recognition. Furthermore, it argues that the EU has adopted a largely inconsistent approach when it comes to the labelling of products originating from occupied territories – something that severely undermines the international credibility and legitimacy of its external action. Overall, this contribution asserts that there is a growing gap between EU identity rhetoric as a promoter of global fundamental values, on the one hand, and realpolitik, on the other.
      PubDate: 2017-10-11T00:00:00Z
       
  • THE LOAN OF ORGANS BETWEEN INTERNATIONAL ORGANIZATIONS AS A “NORMATIVE
           BRIDGE”: INSIGHTS FROM RECENT EU PRACTICE
    • Authors: Andrea Spagnolo
      First page: 171
      Abstract: Source: Volume 26, Issue 1, pp 171 - 190The present article addresses the issue of the loan of organs between international organizations, focusing on the most recent practice of the European Union (EU) and, in particular, on the loan of the Commission and the European Central Bank to the European Stability Mechanism (ESM). The hypothesis is that the loan of the two EU institutions to the ESM bridges two autonomous international organizations and that, for this reason, the EU can indirectly influence the activities of the ESM. The bridge is built on normative grounds, as EU institutions are bound to respect EU law even when they are borrowed by other international organizations, as the Court of Justice of the EU (CJEU) held in the Pringle case. In a more recent case, the Ledra Advertising, the same Court specified that the duty to respect EU law extends also to the EU Charter of Fundamental Rights. This last consideration might have a positive impact on the protection of human rights in the context of austerity measures adopted by the ESM. Moreover, it might give to the EU an important tool for the enhancement of human rights protection in the relations with other international organizations. In this regard, the most recent practice of the EU reveals at the same time promises and perils.
      PubDate: 2017-10-11T00:00:00Z
       
  • ON THE UNBEARABLE LIGHTNESS OF THE EFFECTS OF PUBLIC INTERNATIONAL LAW
           WITHIN THE ANDEAN LEGAL SYSTEM
    • Authors: Francesco Seatzu
      First page: 191
      Abstract: Source: Volume 26, Issue 1, pp 191 - 207The Andean Tribunal of Justice (ATJ) can be contested for a number of reasons, including but not limited to the low status and importance given to public international law in Andean community law. Judicial decisions such as Proceso 28-AI-2001, Proceso 117-AI-2003 and Proceso 118-AI-2003 have induced legal observers to maintain that the ATJ is developing a less inclusive approach toward international legal rules and instruments. This raises some interesting and timely questions, such as: has a “revirement de jurisprudence” occurred' And if there is a “revirement” or reversal, is this “revirement” attributable to an alternative approach of the ATJ towards public international law' What issues might have determined the recent rulings of the ATJ' This paper aims to address these queries. It examines the ATJ’s recent judicial decisions dealing with public international law, contrasts them with earlier rulings and collocates them in the wider framework of the Tribunal’s overall understanding of the Andean community legal system.
      PubDate: 2017-10-11T00:00:00Z
       
  • ISTRIA’S ARTISTIC AND SPIRITUAL HERITAGE IN ABEYANCE: INTERNATIONAL
           COOPERATION AND CULTURAL COMMUNITY RIGHTS
    • Authors: Francesca Fiorentini; Andrzej Jakubowski
      First page: 209
      Abstract: Source: Volume 26, Issue 1, pp 209 - 241This article deals with the contested status of two groups of cultural objects – a collection of priceless artworks, and fifteen church bells – originating from Istria, precisely from the present-day territory of the Slovenian and Croatian Littorals, and preserved in Italy since the turbulent, tragic times of the Second World War. It argues that the ownership title to such objects does not lie at the centre of the current controversy between Slovenia (and potentially Croatia) and Italy. Instead, it seems that the fundamental issue in this regard refers to the recognition and realization of cultural community rights to such heritage, affected by political, territorial and ethnic transformations. This article discusses various international legal regimes that might be applicable in this case of Istria’s contested cultural heritage, with special focus on the enhancement of cultural human rights and international cultural cooperation. It also touches upon the concept of procedural justice, built on the principles of participation, voice and transparency, which are perceived as crucial in negotiating and managing cultural heritage matters and controversies.
      PubDate: 2017-10-11T00:00:00Z
       
  • CONVENTIONALITY CONTROL OF DOMESTIC “ABUSE OF POWER”: MAINTAINING
           HUMAN RIGHTS AND DEMOCRACY
    • Authors: Yota Negishi
      First page: 243
      Abstract: Source: Volume 26, Issue 1, pp 243 - 264Human rights courts often behave as constitutional courts especially when they have the ability to control the “separation of powers” in States in accordance with human rights conventions (“conventionality control”). This study comments on the latest “abuse of power” jurisprudence of the European and Inter-American courts of human rights, which embraces rich implications for re-evaluating general and specific provisions that place democratic limitations on human rights violations. The first section confirms that the courts have recently implemented conventionality control of “abuse of power” against judicial independence, voices of political opposition and media pluralism, in all such unfair exercises of authority adverse influences are exerted on individual (human rights) and collective (democracy) aspects. The next section justifies or criticises the courts’ decisions on the pro-democratic fair balance tests (legality, legitimacy and proportionality) embodied in human rights conventions’ general and specific limitation clauses, which have rarely been scrutinised until recent cases of “abuse of power”. In essence, this study shows that value-oriented momenta in their practical decisions can contribute to a future mapping of constitutionalism beyond the State (ius constitutionale commune), limiting domestic abuse of kratos (power) of the demos (people) in terms of international human rights sources.
      PubDate: 2017-10-11T00:00:00Z
       
  • THE DOUBLE FAILURE OF ENVIRONMENTAL REGULATION AND DEREGULATION AND THE
           NEED FOR ECOLOGICAL LAW
    • Authors: Massimiliano Montini
      First page: 265
      Abstract: Source: Volume 26, Issue 1, pp 265 - 285The evolution of environmental law in the last few decades has occurred in two main phases, which correspond to two opposing and sometimes conflicting trends. The first phase, which may be identified as the “environmental regulatory trend”, has been characterised by the attempt to protect the environment through the management of the negative externalities caused by the dominant economic model based on the pursuit of an unrestrained growth. Such a regulatory trend, despite producing an enormous corpus of legislation, has shown many deficiencies. The shortcomings of the environmental regulation trend have therefore paved the way for the advent of the second phase, characterised by an “environmental deregulatory trend”, which has promoted a shift towards the progressive revision of the existing legislation, with a view to simplifying and streamlining it. Unfortunately, both approaches have resulted in a substantial failure. The aim of the present paper is to analyse the double failure of environmental regulation and deregulation and to promote a possible way out. This will be identified as the need to revise the current regulatory regime for environmental protection and to promote a shift towards a new ecologically based approach to the law, which should primarily aim at the protection of the health and integrity of the ecosystems which support life on Earth. Moreover, in order to signal the decisive shift that the new approach should mark, a corresponding change in the name of the law aimed at the protection of the environment and ecosystems will be proposed: from environmental law to ecological law.
      PubDate: 2017-10-11T00:00:00Z
       
  • A STEP BACK IN THE PROTECTION OF MIGRANTS’ RIGHTS: THE GRAND
           CHAMBER’S JUDGMENT IN
    • Authors: Maria Rosaria Mauro
      First page: 287
      Abstract: Source: Volume 26, Issue 1, pp 287 - 317On 15 December 2016 the Grand Chamber of the European Court of Human Rights adopted the judgment in Khlaifia and Others v. Italy. The case was referred to the Grand Chamber by Italy following the judgment released by the Second Section of the Court on 1 September 2015. The case concerns the detention and the ensuing repatriation to Tunisia of three irregular immigrants who arrived in Italy in 2011 during the “Arab Spring”. The judgment of the Grand Chamber confirms the Chamber’s judgment in relation to some important aspects, finding a violation of Article 5, paragraphs (1)(2) and (4), and of Article 13 in conjunction with Article 3, and recognising no violation of Article 3 as to the conditions in which the applicants were held on the ships Vincent and Audace in the harbour of Palermo. On the contrary, the Grand Chamber distances itself from the Chamber’s assessment concerning the respect of Article 3 in relation to the conditions in which the applicants were held in the Centro di soccorso e prima accoglienza (Centre for Rescue and Initial Reception) on Lampedusa, of Article 4 Protocol No. 4 and of Article 13 ECHR taken together with Article 4 Protocol No. 4 ECHR, as the majority in the Chamber found the violation of these articles. This note analyses the differences between the two judgments, emphasising possible implications for the protection of the rights of migrants in Europe. In this context, the European Union “hotspot approach” and the Italian “Decreto Minniti” are also considered.
      PubDate: 2017-10-11T00:00:00Z
       
  • The NORTH KOREA’S GAUNTLET, INTERNATIONAL LAW AND THE NEW SANCTIONS
           IMPOSED BY THE SECURITY COUNCIL
    • Authors: Leonardo Borlini
      First page: 319
      Abstract: Source: Volume 26, Issue 1, pp 319 - 345The Security Council’s reaction to the nuclear tests conducted by the Democratic People’s Republic of Korea (DPRK or North Korea) in 2016 through Resolutions 2270 and 2321 have significantly changed the picture of UN sanctions regime against this country and created the most comprehensive, legally-binding, sanctions program imposed against a State since Iraq in the 1990s. While raising questions on their lawfulness under international law, the DPRK’s military actions have repeatedly challenged the international community. At the moment of finalising the present article, the situation seems more precarious than ever: despite the severity and comprehensiveness of the sanctions regime, the DPKR’s launches of ballistic missiles hit the headlines again, and its military aggressiveness does not appear reversed. The article examines this regime against the background of the Council’s past practice and the international rules on non-proliferation, also by discussing legal issues related to the different actions by Pyongyang. Ultimately, it seeks to assess the DPRK’s nuclear and ballistic missile tests vis-à-vis relevant international law and to determine the main limitations of the new set of binding obligations placed upon Member States to thwart the “North Korean threat”. For, in order to succeed, sanctions must be capable of coercing their targets into adjusting the particular course of behaviour that, according to the Security Council, poses a threat to international peace and security, the article concludes that the new sanctions regime is still affected by weaknesses that impair its effectiveness.
      PubDate: 2017-10-11T00:00:00Z
       
  • THE UNITED KINGDOM’S INVOLVEMENT IN the 2003 IRAQI WAR: AND ISSUES
           BEFORE THE IRAQ (CHILCOT) INQUIRY
    • Authors: Stefano Silingardi
      First page: 347
      Abstract: Source: Volume 26, Issue 1, pp 347 - 259The Report of the Iraq (Chilcot) Inquiry was published on 6 July 2016. The Inquiry was a very vast and complex undertaking both in scope (it aimed to scrutinize UK policy decisions linked to the 2003 Iraq war adopted in the period 2001-2009) and in size (the Report comprises 12 volumes which ran to over 2.6 million words). By way of contrast, the aim of this short comment is very limited as it examines only a few sections of the Report, namely those concerning the decision to go to war (sections 5, 6.5, 9.1, 9.2 and 9.8) and the period of belligerent occupation (sections 10.1 and 10.3).
      PubDate: 2017-10-11T00:00:00Z
       
  • THE JUDICIAL ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2016
    • Authors: Serena Forlati
      First page: 361
      Abstract: Source: Volume 26, Issue 1, pp 361 - 391
      PubDate: 2017-10-11T00:00:00Z
       
  • THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA
           JURISDICTIONS (2016)
    • Authors: Tullio Treves
      First page: 393
      Abstract: Source: Volume 26, Issue 1, pp 393 - 424
      PubDate: 2017-10-11T00:00:00Z
       
  • INTERNATIONAL CRIMINAL JUSTICE (2016)
    • Authors: Raffaella Nigro
      First page: 425
      Abstract: Source: Volume 26, Issue 1, pp 425 - 448
      PubDate: 2017-10-11T00:00:00Z
       
  • THE WTO IN 2016: SYSTEMIC DEVELOPMENTS, DISPUTES AND REVIEW OF THE
           APPELLATE BODY’S REPORTS
    • First page: 449
      Abstract: Source: Volume 26, Issue 1, pp 449 - 485
      PubDate: 2017-10-11T00:00:00Z
       
 
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