Pub Date : 2023-11-15DOI: 10.1163/27725650-03020019
Matilde Rocca
Countless people have left the African continent seeking to reach European shores via the central Mediterranean Sea route, despite persistent efforts by Italian and EU authorities to counter migratory activities. International and regional human rights judicial bodies have provided some responses to the abuses faced by maritime migrants both at sea and on land throughout the years. In this case note, I analyze the judgment of the European Court of Human Rights in J.A. and Others v. Italy concerning the detention of maritime migrants in the Lampedusa hotspot center. To this end, I first illustrate the facts of the case. Second, I assess each claim made by the applicants in relation to the human rights abuses they suffered: inhuman and degrading treatment, arbitrary detention, and collective expulsion of aliens. I conclude that the judgment constitutes an important development in the Court’s case law upholding maritime migrants’ rights, albeit characterized by a few shortcomings. I also argue that the Court’s position as a human rights judicial body needs to be further strengthened in the future.
尽管意大利和欧盟当局一直在努力打击移民活动，但仍有无数人离开非洲大陆，试图通过地中海中部航线抵达欧洲海岸。多年来，国际和区域人权司法机构对海上移民在海上和陆地上面临的侵权行为做出了一些回应。在本案例说明中，我分析了欧洲人权法院对 J.A. 等人诉意大利一案的判决，该案涉及在兰佩杜萨热点中心拘留海上移民的问题。为此，我首先说明了案件事实。其次，我评估了申诉人提出的与他们遭受的侵犯人权行为有关的每项诉求：不人道和有辱人格的待遇、任意拘留和集体驱逐外国人。我的结论是，该判决是法院维护海上移民权利判例法的重要发展，尽管存在一些缺陷。我还认为，法院作为人权司法机构的地位今后需要进一步加强。
{"title":"Upholding Maritime Migrants’ Rights at the Borders of Europe – J.A. and Others v. Italy","authors":"Matilde Rocca","doi":"10.1163/27725650-03020019","DOIUrl":"https://doi.org/10.1163/27725650-03020019","url":null,"abstract":"Countless people have left the African continent seeking to reach European shores via the central Mediterranean Sea route, despite persistent efforts by Italian and EU authorities to counter migratory activities. International and regional human rights judicial bodies have provided some responses to the abuses faced by maritime migrants both at sea and on land throughout the years. In this case note, I analyze the judgment of the European Court of Human Rights in J.A. and Others v. Italy concerning the detention of maritime migrants in the Lampedusa hotspot center. To this end, I first illustrate the facts of the case. Second, I assess each claim made by the applicants in relation to the human rights abuses they suffered: inhuman and degrading treatment, arbitrary detention, and collective expulsion of aliens. I conclude that the judgment constitutes an important development in the Court’s case law upholding maritime migrants’ rights, albeit characterized by a few shortcomings. I also argue that the Court’s position as a human rights judicial body needs to be further strengthened in the future.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"5 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139272256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020009
Julio Alberto Tilloy
The present work deals with the contribution of the International Tribunal for the Law of the Sea to the interpretation of the obligation to conduct an environmental impact assessment. Against this backdrop, the article pursues a twofold objective. On the one hand, it reinforces the idea that the case law of the Tribunal influenced ongoing regulating initiatives in the legal regime governing marine areas beyond national jurisdiction. On the other hand, considering the possible commencement of deep seabed mining activities in the Area, the article aims to demonstrate that the Tribunal could further clarify the legal basis of the eia obligation for exploitation purposes by building on its jurisprudence. This topic becomes particularly relevant in light of the “two-year rule” housed in Section 1(15) of the Annex to the 1994 Implementation Agreement and the absence of comprehensive and robust regulations.
{"title":"The itlos Jurisprudence Regarding the Procedural Obligation to Conduct an Environmental Impact Assessment and Its Significance for Deep Seabed Mining","authors":"Julio Alberto Tilloy","doi":"10.1163/27725650-03020009","DOIUrl":"https://doi.org/10.1163/27725650-03020009","url":null,"abstract":"The present work deals with the contribution of the International Tribunal for the Law of the Sea to the interpretation of the obligation to conduct an environmental impact assessment. Against this backdrop, the article pursues a twofold objective. On the one hand, it reinforces the idea that the case law of the Tribunal influenced ongoing regulating initiatives in the legal regime governing marine areas beyond national jurisdiction. On the other hand, considering the possible commencement of deep seabed mining activities in the Area, the article aims to demonstrate that the Tribunal could further clarify the legal basis of the eia obligation for exploitation purposes by building on its jurisprudence. This topic becomes particularly relevant in light of the “two-year rule” housed in Section 1(15) of the Annex to the 1994 Implementation Agreement and the absence of comprehensive and robust regulations.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"32 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139274604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020016
Roberto Louvin, Ezio Benedetti, Pasquale Viola
Environmental degradation and anthropogenic climate change severely affect natural resources, thus fostering the need for effective tools to cope with multiple concerns. Within this scenario, the article aims to address public law policies and legislation in reference to water management, with a focus on three specific issues: 1) environmental cost, 2) participation and water management, 3) alternative dispute resolutions (adr s) and water disputes. The first part is based on the analysis of environmental cost related to the degradation and exhaustion of water ecosystems as a result of an activity (e.g., as a result of withdrawal and/or pollution), as well as related to the supply scarcity. The second part deals with participation, co-participation and multi-level governance systems in the context of deliberative decision-making processes. The third part highlights the key role of participation and proximity in resolving disputes within local communities through the analysis of specific cases (i.e., the Tribunal de las Aguas, the Sudovi za vodu, and the Médiateur de l’eau).
环境退化和人为气候变化严重影响了自然资源，因此需要有效的工具来应对多重问题。在这种情况下，本文旨在讨论有关水资源管理的公法政策和立法，重点关注三个具体问题：1) 环境成本，2) 参与和水资源管理，3) 替代性争端解决（adr s）和水资源争端。第一部分基于对环境成本的分析，环境成本与某项活动导致的水生态系统退化和枯竭有关（例如，由于取水和/或污染），也与供应短缺有关。第二部分涉及审议决策过程中的参与、共同参与和多级治理系统。第三部分通过分析具体案例（即 Aguas 法庭、Sudovi za vodu 和 Médiateur de l'eau），强调参与和接近在解决当地社区内部争端方面的关键作用。
{"title":"Comparative Public Law and Water Crisis","authors":"Roberto Louvin, Ezio Benedetti, Pasquale Viola","doi":"10.1163/27725650-03020016","DOIUrl":"https://doi.org/10.1163/27725650-03020016","url":null,"abstract":"Environmental degradation and anthropogenic climate change severely affect natural resources, thus fostering the need for effective tools to cope with multiple concerns. Within this scenario, the article aims to address public law policies and legislation in reference to water management, with a focus on three specific issues: 1) environmental cost, 2) participation and water management, 3) alternative dispute resolutions (adr s) and water disputes. The first part is based on the analysis of environmental cost related to the degradation and exhaustion of water ecosystems as a result of an activity (e.g., as a result of withdrawal and/or pollution), as well as related to the supply scarcity. The second part deals with participation, co-participation and multi-level governance systems in the context of deliberative decision-making processes. The third part highlights the key role of participation and proximity in resolving disputes within local communities through the analysis of specific cases (i.e., the Tribunal de las Aguas, the Sudovi za vodu, and the Médiateur de l’eau).","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"403 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020005
Riccardo Luporini
The article examines Daniel Billy et al. v. Australia, also known as the Torres Strait Islanders case, decided by the United Nations Human Rights Committee. The case stands out as the first instance in which an international (quasi-) judicial body has found human rights violations in the context of an individual complaint concerning climate change. The article sets out three main considerations arising from the case. First, it delves into the specificities of the case in relation to some of the common constraints to climate complaints before international human rights bodies. Second, it outlines the distinctive aspects of human rights arguments when applied to climate change adaptation, as opposed to mitigation. Third, it underscores the need to further investigate the multidimensional impact of climate change litigation before international human rights bodies.
{"title":"Climate Change Litigation before International Human Rights Bodies: Insights from Daniel Billy et al. v. Australia (Torres Strait Islanders Case)","authors":"Riccardo Luporini","doi":"10.1163/27725650-03020005","DOIUrl":"https://doi.org/10.1163/27725650-03020005","url":null,"abstract":"The article examines Daniel Billy et al. v. Australia, also known as the Torres Strait Islanders case, decided by the United Nations Human Rights Committee. The case stands out as the first instance in which an international (quasi-) judicial body has found human rights violations in the context of an individual complaint concerning climate change. The article sets out three main considerations arising from the case. First, it delves into the specificities of the case in relation to some of the common constraints to climate complaints before international human rights bodies. Second, it outlines the distinctive aspects of human rights arguments when applied to climate change adaptation, as opposed to mitigation. Third, it underscores the need to further investigate the multidimensional impact of climate change litigation before international human rights bodies.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020020
Silvia Talavera Lodos
The Italian government has decided to resort to a national state of emergency to manage recent migration flows. This approach, which has been used previously, aims at expanding the existing reception system. This is also accompanied by a set of measures, as outlined in Decreto Legge No. 20/2023, which adopt a more restrictive stance. This decree further restricts the possibility to grant special protection to asylum seekers and prosecutes more severely the participation in human trafficking operations. This paper analyses the latest developments in Italian law and outlines the legal issues they have raised.
{"title":"Reframing Special Protection and Immigration as an Emergency: Italy’s Not-So-Novel Approach","authors":"Silvia Talavera Lodos","doi":"10.1163/27725650-03020020","DOIUrl":"https://doi.org/10.1163/27725650-03020020","url":null,"abstract":"The Italian government has decided to resort to a national state of emergency to manage recent migration flows. This approach, which has been used previously, aims at expanding the existing reception system. This is also accompanied by a set of measures, as outlined in Decreto Legge No. 20/2023, which adopt a more restrictive stance. This decree further restricts the possibility to grant special protection to asylum seekers and prosecutes more severely the participation in human trafficking operations. This paper analyses the latest developments in Italian law and outlines the legal issues they have raised.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139276087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020014
Anna Facchinetti
The paper offers a de lege lata and de lege ferenda analysis of State immunity from civil jurisdiction in cases related to environmental transboundary damage, including climate change litigations. De lege lata, the analysis focuses on the customary exceptions to State immunity, namely the restrictive doctrine and the forum tort exception. De lege ferenda, the contribution firstly discusses the recent domestic case law lifting jurisdictional immunity for acts jure imperii which amount to serious violations of human rights and/or humanitarian law. Secondly, it seeks to open the discussion on a possible reform of the forum tort exception on the model of the European discipline of private international law in matters of tort, in order to ensure better protection of the individual right to an effective remedy.
{"title":"State Immunity from Civil Jurisdiction in Transboundary Environmental Litigations","authors":"Anna Facchinetti","doi":"10.1163/27725650-03020014","DOIUrl":"https://doi.org/10.1163/27725650-03020014","url":null,"abstract":"The paper offers a de lege lata and de lege ferenda analysis of State immunity from civil jurisdiction in cases related to environmental transboundary damage, including climate change litigations. De lege lata, the analysis focuses on the customary exceptions to State immunity, namely the restrictive doctrine and the forum tort exception. De lege ferenda, the contribution firstly discusses the recent domestic case law lifting jurisdictional immunity for acts jure imperii which amount to serious violations of human rights and/or humanitarian law. Secondly, it seeks to open the discussion on a possible reform of the forum tort exception on the model of the European discipline of private international law in matters of tort, in order to ensure better protection of the individual right to an effective remedy.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"35 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139270936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020015
Francesco Gallarati
More than 2,000 public authorities worldwide have to date declared a “climate emergency”. Can these declarations be framed within the constitutional category of emergency? And what legal consequences do they entail? To answer these questions, this paper confronts the basic features of constitutional emergencies, as arising from legal scholarship and contemporary Constitutions, with the characteristics of the climate issue. The conclusion is that climate change cannot be framed within the category of constitutional emergency, but rather in that of constitutional crisis, as it does not require a temporary suspension of the constitutional order but a structural modification of it.
{"title":"Is Climate Emergency a Constitutional Emergency?","authors":"Francesco Gallarati","doi":"10.1163/27725650-03020015","DOIUrl":"https://doi.org/10.1163/27725650-03020015","url":null,"abstract":"More than 2,000 public authorities worldwide have to date declared a “climate emergency”. Can these declarations be framed within the constitutional category of emergency? And what legal consequences do they entail? To answer these questions, this paper confronts the basic features of constitutional emergencies, as arising from legal scholarship and contemporary Constitutions, with the characteristics of the climate issue. The conclusion is that climate change cannot be framed within the category of constitutional emergency, but rather in that of constitutional crisis, as it does not require a temporary suspension of the constitutional order but a structural modification of it.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"15 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139272980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020022
Apostolos Tsiouvalas
{"title":"Regulating the Sea: A Socio-Legal Analysis of English Marine Protected Areas (Law in Context), written by Margherita Pieraccini","authors":"Apostolos Tsiouvalas","doi":"10.1163/27725650-03020022","DOIUrl":"https://doi.org/10.1163/27725650-03020022","url":null,"abstract":"","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"160 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139273388","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020012
Nadia Perrone
The Proposal of the Directive regarding the Corporate Sustainability Due Diligence provides new judicial protection for environmental damages and climate litigation caused by corporations, even in an extraterritorial context, considering the Directive’s scope of application. This prompts a discussion about the exercise of an extraterritorial jurisdiction by Member States’ courts. At European Union level, the titles of jurisdiction, identified in the Brussels I Recast Regulation, allow foreign victims to proceed before the court of a Member State, but only if the parent company is established in that specific Member State. Otherwise, these criteria are generally considered inadequate and insufficient. The proposed Directive seems to be a new opportunity to reform the European private international law, aligning it with the right to access to justice, as provided by Article 10 of Universal Declaration of Human Rights and Article 6 of the European Convention on Human Rights.
{"title":"Perspectives of Extraterritorial Jurisdiction for Environmental Damage in the Proposal of the European Directive on Corporate Sustainability Due Diligence","authors":"Nadia Perrone","doi":"10.1163/27725650-03020012","DOIUrl":"https://doi.org/10.1163/27725650-03020012","url":null,"abstract":"The Proposal of the Directive regarding the Corporate Sustainability Due Diligence provides new judicial protection for environmental damages and climate litigation caused by corporations, even in an extraterritorial context, considering the Directive’s scope of application. This prompts a discussion about the exercise of an extraterritorial jurisdiction by Member States’ courts. At European Union level, the titles of jurisdiction, identified in the Brussels I Recast Regulation, allow foreign victims to proceed before the court of a Member State, but only if the parent company is established in that specific Member State. Otherwise, these criteria are generally considered inadequate and insufficient. The proposed Directive seems to be a new opportunity to reform the European private international law, aligning it with the right to access to justice, as provided by Article 10 of Universal Declaration of Human Rights and Article 6 of the European Convention on Human Rights.","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"2 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139275749","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-15DOI: 10.1163/27725650-03020021
Ian Ward
{"title":"Legal Geography: Comparative Law and the Production of Space, written by Matteo Nicolini","authors":"Ian Ward","doi":"10.1163/27725650-03020021","DOIUrl":"https://doi.org/10.1163/27725650-03020021","url":null,"abstract":"","PeriodicalId":275877,"journal":{"name":"The Italian Review of International and Comparative Law","volume":"26 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139276009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：