Results 11 to 20 of about 34,107 (194)
An even cursory look at the international law literature and the recent works of the International Law Commission (ILC) on the subject confirm that jus cogens is a controversial notion. A variety of positions have been put forward concerning the identification, legal basis, consequences, interactions with other international rules etc.
beatrice bonafe, maurizio Arcari
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Review of European and Comparative Law, 2016 Jus cogens raises a vital interest of judicature and doctrine of international public law. We may find different views and opinions on the problem of the existence of peremptory norms, as well as their content. On the basis of the analysisof the practice of international judicial bodies, the article constitutes an attempt to define the prerequisites of
Matusiak-Frącczak, Magdalena
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The Present and Future of Jus Cogens [PDF]
, 2015 This book gathers the contributions presented to the first edition of the Gaetano Morelli Lectures, held in the Spring of 2014. In presenting this initiative, also on behalf of my colleagues, Paolo Palchetti and Beatrice Bonafè, I wrote: “The aim of the Lectures is to offer conceptual tools for appraising controversial knots of international law in ...
Cannizzaro Vincenzo
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The Modern Law Review, Volume 86, Issue 5, Page 1265-1277, September 2023., 2023 In 2022, the European Court of Human Rights, for the first time, signalled that it regards non‐consensual interventions on intersex individuals which are not motivated by medical necessity as human rights violations. This case note argues that the admissibility decision in question, M v France, albeit ruled inadmissible on procedural grounds ...
Daniela Alaattinoğlu
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Asymmetric Interstate Solidarity and Return Sponsorship
JCMS: Journal of Common Market Studies, Volume 61, Issue 5, Page 1179-1193, September 2023., 2023 Abstract The ‘flexible’ interstate solidarity model envisaged by the 2020 ‘New Pact on Migration and Asylum’ (‘the Pact’) allows European Union (EU) member states to choose how to do their share in the distribution of the costs connected to asylum. According to one of the proposals contained in the Pact, member states have the option to contribute to ...
Eleonora Milazzo
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Coercion and justification: a global public reason perspective on Security Council reform
Journal of Law and Society, Volume 50, Issue S1, Page S157-S176, September 2023., 2023 Abstract The Security Council is the only international body capable of authorizing the use of force in cases other than self‐defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to ...
CARMEN E. PAVEL
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The potential of international ‘State‐as‐polluter’ litigation
Review of European, Comparative &International Environmental Law, Volume 32, Issue 2, Page 259-266, July 2023., 2023 Abstract National fossil fuel companies, public utilities and other State entities are responsible for vast amounts of greenhouse gas emissions. The pollution of these State entities represents a substantial departure from the due diligence standards of international law.
Steve Lorteau
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Review of European, Comparative &International Environmental Law, Volume 31, Issue 2, Page 171-181, July 2022., 2022 Abstract Sinking island States have become allegories of the Anthropocene and a symbol of the radical violence of climate change. Various theories have been advanced supporting the continued existence of sunken islands as deterritorialized States. A common view among advocates of the deterritorialized statehood thesis is that, while at odds with the ...
Emma Allen, Mario Prost
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Access to Justice: Dynamic, Foundational, and Generative
Ratio Juris, Volume 34, Issue 2, Page 121-138, June 2021., 2021 Abstract Access to justice reveals its contours through, and is best understood for, its dynamic nature. Conceptually, it shows a number of peculiar oscillations within couplets of opposites, like rights and structure, autonomous and derivative right, and substance and procedure.
Gianluigi Palombella
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Journal of Religious Ethics, Volume 49, Issue 1, Page 159-187, March 2021., 2021 Abstract In light of recent reevaluations of the work of Hugo Grotius, this essay analyzes the respective roles of Francisco de Vitoria and Grotius in the construction of the “Grotian tradition” of international law and human rights. In contrast to conventional accounts which understand the two within a progression, this essay argues that Vitoria and ...
John E. Carter
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