The Italian Yearbook of International Law, Volume 13 (2003)

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Overview

The Italian Yearbook of International Law aims at making accessible to the English speaking public the Italian contribution to the practice and literature of international law. Volume XIII (2003) is organised in three main sections. The first contains doctrinal contributions including articles on State responsibility for the breach of positive obligations; State continuity and the case of Somalia; the European Union’s international relations and the notion of fragmented sovereignty; self-defence and the problem of attribution of the September 11 attacks on the US; and the ICTY jurisprudence on jurisdiction over illegally abducted war criminals. This section includes also notes on current developments such as the 2003 UNESCO Declaration on the Intentional Destruction of Cultural Heritage and the establishment of the Antarctic Treaty Secretariat, as well as surveys on the activity of selected international institutions and tribunals (International Law Commission, World Trade Organization, Law of the Sea Tribunal, and European Court of Human Rights). The second section covers the Italian practice in the areas of 1) judicial decisions; 2) diplomatic and parliamentary practice (including the parliamentary debates over the legality of the US-led war against Iraq and the Italian most recent views on the proposed reform of the United Nations); 3) treaty practice; and 4) national legislation (including the latest measures on the Italian participation to international missions of military forces). The third section contains a systematic bibliographical index of Italian literature in the field of international law and reviews of recent books. The volume ends with an analytical index for ready consultation that includes the main judicial cases and legal instruments cited throughout the Yearbook.

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Product Details

Table of Contents

List of Abbreviations XV
Articles
The Doctrine of "Just War" and Contemporary International Law 3
Thirty Years on: Is the World Heritage Convention Ready for the 21st Century? 13
Compensation for Violations of the Law of War and Individual Claims 39
Problems of Extraterritorial Human Rights Violations - The Jurisdiction of the European Court of Human Rights: The Bankovic Case 51
To be or not to be: The International Humanitarian Fact-Finding Commission 69
Witch Hunting: The Influence of the Fear of Terrorism in the Implementation of Asylum Law 95
The Overlapping Between War Crimes and Crimes Against Humanity in International Criminal Law 123
Notes and Comments
Recent Decisions by the International Court of Justice Relating to Territorial and Boundary Disputes (1999-2002) 149
The International Tribunal for the Law of the Sea (2002) 207
The Activity of the International law Commission During Its 54th Session 219
The Activity of the World Trade Organization (2002) 243
Review of Judgments and Decisions Delivered by the European court of Human Rights in 2002 on Subjects Relevant to International Law 257
Italian Practice Relating to International Law
Classification Scheme 267
Judicial Decisions
I. International Law in General and International Custom 269
II. Law of Treaties and Other Sources of International Law 269
X. Treatment of Aliens and Nationality
XI. Human Rights
XII. International Criminal Law
XIII. International Responsibility 286
XV. Co-Operation in Judicial, Legal, Security, and Socioeconomic Matters
XVIII. Relationship Between Municipal and International Law 291
XX. War, Neutrality, and Disarmament
Diplomatic and Parliamentary Practice
II. Law of Treaties and Other Sources of International Law
III. States and Other International Law Subjects
IV. Diplomatic and Consular Relations 302
VII. Environment 302
VIII. Cultural Heritage 303
IX. Treatment of Aliens and Nationality
XI. Human Rights
XII. International Criminal Law
XIII. International Responsibility
XV. Co-Operation in Judicial, Legal, Security, and Socioeconomic Matters
XVI. International Trade Law 314
XVII. International Organizations
Agreements to Which Italy is a Party
A) Agreements Signed by Italy, Published in the Gazzetta Ufficiale in 2002
VI. Law of the Sea 321
VII. Environment 323
X. Treatment of Aliens and Nationality
XI. Human Rights 324
XV. Co-Operation in Judicial, Legal, Security, and Socioeconomic Matters
XVII. International Organizations
B) Agreements Signed By Italy, Published Before 2002, Whose Entry Into Force was Announced in the Gazzetta Ufficiale in 2002
IV. Diplomatic and Consular Relations 337
VI. Law of the Sea 338
XV. Co-Operation in Judicial, Legal, Security, and Socioeconomic Matters
XVII. International Organizations
Legislation
IV. Diplomatic and Consular Relations 341
VII. Environment 341
X. Treatment of Aliens and Nationality
XI. Human Rights 351
XV. Co-Operation in Judicial, Legal, Security, and Socioeconomic Matters
XVII. International Organizations
XIX. Use of Force Short of War and Peace-Keeping 361
Bibliographies
Italian Bibliographical Index of International Law 2002 365
Review of Books 395
Books Received 405
Index 407
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