New Issue: Italian Review of International and Comparative Law

The latest issue of the Italian Review of International and Comparative Law (Vol. 3, no. 2, 2023) is out. Contents include:

• Special Issue: The Judicial Protection of the Environment in International and European Law
• Claudia Candelmo, Lorenzo Cecchetti, Domenico Pauciulo & Pierfrancesco Rossi, The Judicial Protection of the Environment in International and European Law
• Jorge E. Viñuales, Second Thoughts? The International Adjudication of Environmental Disputes 30 Years Later
• Riccardo Luporini, Climate Change Litigation before International Human Rights Bodies: Insights from Daniel Billy et al. v. Australia (Torres Strait Islanders Case)
• Antonio Mariconda, Victim Status of Individuals in Climate Change Litigation before the ECtHR: Between Old Certainties and New Challenges
• Federica Passarini, Legal Standing of Individuals and NGOs in Environmental Matters under Article 9(3) of the Aarhus Convention
• Pierre Clément Mingozzi, The Contribution of itlos to Fight Climate Change: Prospects and Challenges of the cosis Request for an Advisory Opinion
• Julio Alberto Tilloy, The ITLOS Jurisprudence Regarding the Procedural Obligation to Conduct an Environmental Impact Assessment and Its Significance for Deep Seabed Mining
• Francesca Sironi De Gregorio, Proving Environmental Harm in Inter-State Litigation: Challenges and Evolving Strategies
• Camilla Burelli, The Deterrent Effect of Financial Sanctions Pursuant to Article 260(2) TFEU in the Context of Violations of Environmental Obligations 367
• Nadia Perrone, Perspectives of Extraterritorial Jurisdiction for Environmental Damage in the Proposal of the European Directive on Corporate Sustainability Due Diligence
• Marco Pasqua, Authorisations to Emit Greenhouse Gases – A Conflict-of-Laws Perspective
• Anna Facchinetti, State Immunity from Civil Jurisdiction in Transboundary Environmental Litigations
• Francesco Gallarati, Is Climate Emergency a Constitutional Emergency? A Critical Appraisal
• Roberto Louvin, Ezio Benedetti & Pasquale Viola, Comparative Public Law and Water Crisis: Environmental Cost, Participation, and Alternative Dispute Resolution
• Articles
• Elena Corcione, Is There a Role for Domestic Law in the Interpretation of the European Convention on Human Rights? Why Autonomous Concepts Are not That Autonomous After All
• Franco Peirone, Another Brick in the Building of the EU Rule of Law: Anti-Corruption
• Case Notes
• Giacomo Biagioni, Recognition of a Danish Monetary Penalty in Employment Matters and Public Policy
• Alessandro Nascimbeni, The Italian Supreme Court and the European ne bis in idem Principle: A Correct Decision Worthy of Some Criticism
• Matilde Rocca, Upholding Maritime Migrants’ Rights at the Borders of Europe – J.A. and Others v. Italy
• Recent Developments
• Silvia Talavera Lodos, Reframing Special Protection and Immigration as an Emergency: Italy’s Not-So-Novel Approach

New Issue: Italian Review of International and Comparative Law

The latest issue of the Italian Review of International and Comparative Law (Vol. 3, no. 1, 2023) is out. Contents include:

• The European Union and International Arbitration
• Anastasia Kalantzi, Parallel Arbitral Proceedings: An Analysis of the Issue of Parallel Arbitrations in International Commercial Arbitration within the European Legal Space
• Aygun Mammadzada, Arbitral Anti-Suit Measures: Implications of Mutual Trust
• N. Kansu Okyay, The Applicability of the Brussels I bis Regulation to Hybrid Dispute Resolution Clauses
• Francesco Sorace, Enforcing an icsid Award Issued in an Intra-EU Investment Arbitration: An Italian Law Perspective
• Symposium: Conventionality Control of Domestic Law. Constitutionalised International Adjudication and Internationalised Constitutional Adjudication
• Yota Negishi, A Normative Model of Conventionality Control: From Pyramid to Trapezium
• Jorge Contesse, Conventionality Control and the Limits of Pro Persona Jurisprudence
• Sabrina Ragone, Conventionality Control Between International and Constitutional Law: The Viewpoint of a Comparativist
• Yota Negishi, Rejoinder from the Author
• Case Notes
• Michele Grassi, A (Not Always) Difficult Balance between Legal Certainty and Legality: The Effects of cjeu and ECtHR Case Law on National Res Judicata
• Maria Antonia Panascì, Breaking the Ancestral Silence: Recognition of Citizenship by Descent Despite the Great Brazilian Naturalization
• Pierfrancesco Rossi, The Interplay of State Immunity and Contractual Forum Selection Clauses in Employment Cases: Return to Normalcy
• Recent Developments
• Michela Chianese, The Role of Flag States of ngo Vessels under Italy’s New Migration Policy
• Luca Bartolucci, The NRRP as a “Self-Restraint” and as a Development of the (Spending) Conditionality Mechanism

New Issue: Italian Review of International and Comparative Law

The latest issue of the Italian Review of International and Comparative Law (Vol. 2, no. 2, 2022) is out. Contents include:

• Essays on Judicial Precedent
• Fulvio M. Palombino, Foreword 
• Andrea Pin, The (In)evitability of Precedent
• Gian Maria Farnelli, Federico Ferri, Mauro Gatti & Susanna Villani, Introduction: Judicial Precedent in International and European Law 
• Khrystyna Gavrysh, Establishing Judicial Precedents Through Advisory Opinions of the European Court of Human Rights 
• Niccolò Lanzoni, The Authority of ICJ Advisory Opinions as Precedents: The Mauritius/ Maldives Case 
• Caterina Milo, Tackling Lacunae in International Courts and Tribunals’ Procedure: The Role of External Precedent 
• Roberto Ruoppo, Common Features of the Right to Property and International Investments: Evidence from the use of ECtHR Case law in Investment Tribunals’ Decisions 
• Niccolò Zugliani, A Role for Precedent in the Determination of the Standard of Review Applicable by Investment Arbitral Tribunals? A Case Study of ect-based Energy Disputes Against Spain 
• Martina Di Gaetano, The Use of Judicial Precedent as a Form of Activism by the Court of Justice: Strengthening the Union’s Powers to Protect the Rule of Law 
• Case Notes
• Francesca Maoli, Medically Assisted Procreation and Same-Sex Couples: The Italian Corte di Cassazione Stands its Ground: Note to: Corte di Cassazione (Sezioni Unite Civili), 4 April 2022, No. 10844 
• Pietro Pustorino & Marta Sabino, Passive Extradition: The Corte di Cassazione Rules on the Need to Verify whether, Especially in Time of War, Detention Conditions and Punishments in the Requesting State May Violate Fundamental Human Rights, also Taking into Consideration the Health Status of the Individual: Note to Corte di Cassazione (Sezione vi penale), Criminal proceedings Against A.S., 1 March 2022, No. 10656
• Recent Developments
• Andrea Spagnolo, The Armed Attack Against Ukraine and the Italian Reaction From a Ius ad Bellum Perspective

New Issue: Italian Review of International and Comparative Law

The latest issue of the Italian Review of International and Comparative Law (Vol. 2, no. 1, 2022) is out. Contents include:

• Massimo Iovane, Non-Recognition of Territorial Acquisitions by the Use of Armed Force: The Status of Jerusalem before Italian Courts
• Roberto Virzo, Sea-Level Rise and State of Necessity: Maintaining Current Baselines and Outer Limits of National Maritime Zones
• Gabriele Asta, The ECtHR’s Decision to Dismiss the First Request Submitted Under Article 29 of the Convention on Human Rights and Biomedicine: Putting Its Sleeping Advisory Competence Back in the Attic
• Federico Casolari, Italy’s Contribution to a More Robust International Architecture for the cbrn Legal Landscape: A Critical Appraisal
• Paolo Passaglia, The Italian Constitutional Court and the Use of Comparative Law: An Empirical Analysis
• Donato Greco, Italy and the Enforcement of Foreign Judgments on Third States’ Tort Liability for Sponsoring Terrorism: The Conundrum of Jurisdictional Immunity of Foreign States in the Presence of Serious Violations of Human Rights
• Pietro Franzina, Violation of Public Policy as a Ground for Non-Recognition of Foreign Judgments – The Case of Judgments Preceded by a Mareva-Type Freezing Order
• Simone Marinai, Stateless Status and Expulsion from Italian Territory: Some Remarks on the Recent Case Law of the Corte di Cassazione
• Filippo Venturi, War and Peace in the Context of the Multilevel Legal Order for the Protection of the Fundamental Rights of the Persons Requested for the Execution of a European Arrest Warrant: Some Remarks on the Decisions No. 216 and 217 of 2021 of the Italian Constitutional Court
• Elettra Stradella, The Last Presidential (Re)Election in Italy: Internal and Exogenous Factors in the Framework of an Unsatisfactory Discipline of Presidential Election
• Ilaria Queirolo, International Child Abduction and the 1980 Hague Convention in Practice: The Biran Case
• Luigi Prosperi, Legal Effects of the Ratification by Italy of the Amendments to the icc Statute on Aggression
• Francesca Capone, The Development of the Italian Doctrine in the Words of Antonio Cassese: Towards a More Pragmatic Approach?
• Martina Buscemi, What’s in a name? International Organizations in Search of an Identity
• Pasquale Annicchino, The Fragmentation of Human Rights. Case Studies from a Post-Arab Spring Context

New Issue: Italian Review of International and Comparative Law

The latest issue of the Italian Review of International and Comparative Law (Vol. 1, no. 2, 2021) is out. Contents include:

• Francesco Seatzu & Paolo Vargiu, Three Views of a Secret: Missed Opportunities in the echr’s Recent Case-Law on International Commercial Arbitration
• Angioletta Sperti, Constitutional Courts Speak Their Voice: Their Fight Against Fake News and Disinformation on Constitutional Justice
• Gianpaolo Maria Ruotolo, Abolish the Rules Made of Stone? Contemporary International Law and the models to Internet Regulations
• Oreste Pollicino, The Transatlantic Dimension of the Judicial Protection of Fundamental Rights Online
• Marco Bassini, Social Networks as New Public Forums? Enforcing the Rule of Law in the Digital Environment
• Giovanni De Gregorio, The Transnational Dimension of Data Protection: Comparative Perspectives from Digital Constitutionalism
• Diego Mauri, A New Technique for Implementing ECtHR Judgments: Will It Work? The Corte Costituzionale “Urges” the Houses to Reform the Ergastolo Ostativo Note to: Corte Costituzionale, 15 April 2021, Order No. 97
• Giorgia Berrino, “Plus Ça Change, Plus C’est la Même Chose”: State Immunity and International Crimes in Judgment No. 20442/2020 of the Corte di Cassazione Note to: Corte di Cassazione (Sezioni Unite Civili), P.T. v. Federal Republic of Germany and Republic of Italy, 28 September 2020, No. 20442
• Stefano Dominelli, Unjustified Interruption of the Taking Evidence by the Court of Origin as a Ground to Refuse Cross-Border Enforcement Under the Brussels I Rules Note to: Corte di Cassazione (Sez. I civile), F.L. v. Ministry of the Interior and Attorney General at the Court of Appeal of Naples, 26 February 2021, No. 5327
• Fabrizio Marongiu Buonaiuti, The Law Applicable to Succession, Between Unity and Splitting of the Relevant Legal Regime The Role of Renvoi Note to: Corte di Cassazione (Sezioni Unite Civili), 5 February 2021, No. 2867
• Orlando Scarcello, Opinion of Advocate General Hogan in Randstad Italia: Disarming the Constitutional Bomb Note to: Opinion of Advocate General Hogan, Case C-497/20, Randstad Italia, 2021
• Giuliana Lampo, Italy’s Exercise of Foreign Investment Screening Power against Chinese Takeover: An Assessment under International Law
• Gustavo Minervini, Italian Citizenship Attribution to Patrick Zaki: An International Law Perspective
• Angelo Schillaci, Back at It. Italy’s Struggle for a Law against Homophobia and Transphobia: Freedom of Expression versus Equal Dignity?

Call for Submissions: The European Union and International Arbitration

The Italian Review of International and Comparative Law has issued a call for sumbmissions for a special issue on "The European Union and International Arbitration." The call is here.

Inaugural Issue: Italian Review of International and Comparative Law

The inaugural issue of the Italian Review of International and Comparative Law (Vol. 1, no. 1, 2021) is out. Contents include:

• Elisabetta Grande, Rodrigo Míguez Núñez, & Pier Giuseppe Monateri, The Italian Theory of Comparative Law Goes Abroad
• Carlo Focarelli, State Immunity and Serious Violations of Human Rights: Judgment No. 238 of 2014 of the Italian Constitutional Court Seven Years on
• Loukas Mistelis & Giammarco Rao, Multilateral Principles in a Bilateral World: Mandatory or Consensual Multilateralism in International Investment Law?
• Giovanna Adinolfi, Soft Law in International Investment Law and Arbitration
• Maria Chiara Malaguti, The New Italian Model Bit Between Current and Future Trends
• Sara Tonolo, Adoption v. Surrogacy: New Perspectives on the Parental Projects of Same-Sex Couples
• Fabrizio Vona, Environmental Disasters and Humanitarian Protection: A Fertile Ground for Litigating Climate Change and Human Rights in Italy? Some Remarks on the Ordinance No. 5022/2021 of the Italian Corte Suprema di Cassazione
• Elisabetta Lamarque, The Failure by Italy to Ratify Protocol no. 16 to the ECHR: Left behind but not lost
• Caterina Milo, Russian Diplomatic Espionage in Italy: The Biot Affair and International Law
• Massimo Iovane, The development of international law through the lens of the Italian doctrine
• Laura Cappuccio, Art. 11 of the Italian Constitution between text and context
• Orlando Scarcello, Borrowing to Survive: Investigating the Functioning of the Court of Justice of the EU through Comparative Law