International law and the protection of humanity : essays in honor of Flavia Lattanzi / edited by Pia Acconci [and four others].
2017
KZ1266 .I585 2017 (Map It)
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Details
Title
International law and the protection of humanity : essays in honor of Flavia Lattanzi / edited by Pia Acconci [and four others].
Published
Leiden ; Boston : Brill Nijhoff, [2017]
Call Number
KZ1266 .I585 2017
ISBN
9789004269491 (hardback ; alk. paper)
9004269495 (hardback ; alk. paper)
9789004269507 (ebook)
9004269495 (hardback ; alk. paper)
9789004269507 (ebook)
Language Note
Chapters chiefly in English, with some in French.
Description
xix, 564 pages ; 25 cm.
System Control No.
(OCoLC)956351381
Summary
This volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge 'ad litem' at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.
Note
This volume contains articles by a wide variety of well-known scholars and practitioners, and deals with human rights, international humanitarian law, international criminal law and humanitarian assistance, as well as other areas of international law relating to the protection of humanity. These are topics to which Flavia Lattanzi, in whose honour the volume is being published, has made an outstanding contribution and to which she has given her determined and unrelenting professional and personal commitment. As a former Professor at the Universities of Pisa, Sassari, Teramo and Roma Tre and as Judge 'ad litem' at the International Tribunal for Rwanda and the International Tribunal for the Former Yugoslavia, she has adhered constantly to a number of important principles, as reflected in the research contained in this volume. They include the firm conviction that respect for human rights is an indispensable precondition for durable peace; the notion that grave breaches of human rights, including the refusal to provide assistance to populations in distress, can imply a threat to international peace and security; and that guarantees against human rights violations include the question of the punishment of core crimes under International Law.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: International law and the protection of humanity. Leiden ; Boston : Brill/Nijhoff, 2016 9789004269507 (DLC) 2016036784
Record Appears in
Added Author
Table of Contents
Preface / Valeria Santori
ix
List of Publications / Flavia Lattanzi
xiv
pt. 1
Human Rights
1.
Safeguard of Social Rights within the Activity of the Security Council / Pia Acconci
3
2.
UN Security Council Resolutions before the European Court of Human Rights: Exploring Alternative Approaches for the Solution of Normative Conflicts / Maurizio Arcari
24
3.
Legal Options and Models in the Design of a Sovereign Wealth Fund, and their Implications for Human Rights Protection / Fabio Bassan
38
4.
Judgment of the Italian Constitutional Court on State Immunity in Cases of Serious Violations of Human Rights or Humanitarian Law: A Tentative Analysis under International Law / Pasquale De Sena
61
5.
Significant Disadvantage and Admissibility of Applications to the European Court of Human Rights: Effects on Domestic Legal Orders / Maria Luisa Padelletti
75
6.
Protecting the Rights of Persons with Autism: The Role of the European Committee of Social Rights / Giuseppe Palmisano
90
pt. 2
Refugee and Migrant Rights
7.
Subsidiary Protection in International and European Law / Roberto Giuffrida
107
8.
Principle of Non-refoulement between International Law and European Union Law / Agostina Latino
131
9.
Close and Enduring Connections: Expulsion Procedures and the Ties between Non Citizens and Host States in the Practice of the Human Rights Committee / Antonio Marchesi
152
10.
Imigration, citoyennete europeenne et citoyennete de residence dans l'Union europeenne / Nicoletta Parisi
165
11.
Procedural Rights of Illegal Migrants Facing Expulsion in Contemporary Times: Exploring Synergies between the ILC Draft Articles and the EU Returns Directive / Emanuela Pistoia
182
12.
Some Cases in the Italian Practice Relating to Illegal Migration at Sea / Tullio Scovazzi
196
pt. 3
International Humanitarian Law and Humanitarian Assistance
13.
ILC Special Rapporteur's Preliminary Report on the Protection of the Environment in Relation to Armed Conflicts: An Important Step in the Right Direction / Michael Bothe
213
14.
Deconstructing the Responsibility to Protect Doctrine: Looking for a New Legal Basis / Fiammetta Borgia
225
15.
Conceptualizing the Responsibility to Protect: A Short Contribution / Monica Lugato
245
16.
Protection of the Environment against Harmful Effects of Peacetime Military Training Activities: The Role of International Law / Mario Odoni
262
17.
La reparation de victimes des violations du droit humanitaire et le droit individuel d'acces a la justice: Etat de lieu et perspectives d'avenir / Stelios Perrakis
279
pt. 4
International Criminal Law
18.
Two Hypothetical Prospective Extradition Cause Celebre: The Snowden and Knox Cases / M. Cherif Bassiouni
297
19.
Protecting/Promoting the Rights of Victims in International Law: Some Achievements and Ways Forward / Cyril Laucci
306
20.
Les travaux de la Conference de Londres (26 juin--8 aout 1945) sur le Statut du TMI de Nuremberg, une lecture parfois surprenante / Eric David
323
21.
La preuve a l'epreuve: trois cas-limites pour le juge international (penal) / Gabriele Della Morte
339
22.
Intervention of Humanity or the Use of Force to Halt Mass-Atrocity Crimes, the Peremptory Prohibition of Aggression and the Interplay between Jus ad Bellum, Jus in Bello and Individual Criminal Responsibility on the Crime of Agression / David Donat Cattin
353
23.
Place of Rehabilitation of the Offender among the Purposes of Penalties according to International Law / Alessandra Gianelli
397
24.
One Size Fits All? A Looming Look at Human Rights in International Criminal Legal Proceedings / Frederik Harhoff
413
25.
Special Tribunal for Lebanon and the Global Response to Terrorism / Daniel D.N. Nsereko
438
26.
Nouveau regard sur les sources du droit applicable par la Cour penale internationale / Alain Pellet
453
27.
Reflections on International Criminal Justice Twenty Years Later / Fausto Pocar
488
28.
General Principles, Nullum Crimen and Accountability for International Crimes / William Schabas
496
pt. 5
Other Areas of International Law Relating to the Protection of Humanity
29.
Functional Immunity of State Officials from Foreign Jurisdiction: A Critique of the Traditional Theories / Riccardo Pisillo Mazzeschi
509
30.
Right of Peoples to Self-determination Revisited: Did Crimea Have the Right to Secede from the Ukraine? / Fabian Raimondo
535
31.
Human Health, Precautionary Principle and Product Liability in the Agro-Food Chain / Dino Rinoldi
549
Index
561