The Italian Yearbook of International Law, Volume 20 (2010)

BOARD OF EDITORS:
Benedetto Conforti, University of Napoli “Federico II”
Luigi Ferrari Bravo, University of Roma “La Sapienza”
Francesco Francioni, European University Institute, Florence (General Editor)
Natalino Ronzitti, LUISS Guido Carli University, Rome
Giorgio Sacerdoti, Bocconi University, Milan
Riccardo Pavoni, University of Siena (Associate Editor)

EDITORIAL COMMITTEE:
Pia Acconci, University of Teramo
Giuseppe CataldiUniversity of Napoli “L’Orientale”
Carlo Focarelli, University of Perugia
Pietro Gargiulo, University of Teramo
Andrea Gioia, University of Modena and Reggio Emilia
Massimo Iovane, University of Napoli “Federico II”
Federico Lenzerini, University of Siena
Marina Mancini, Mediterranean University of Reggio Calabria
Giuseppe Nesi, University of Trento

LIST OF ABBREVIATIONS

Symposium: THE FUTURE OF THE ECHR SYSTEM

PRESENTATION OF THE SYMPOSIUM
Giuseppe Cataldi

The ECHR System and International Law

THE NOTION OF “JURISDICTION” IN ARTICLE 1: FUTURE SCENARIOS FOR THE EXTRA-TERRITORIAL APPLICATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Raffaella Nigro
SUBSTANTIVE AND PROCEDURAL ISSUES RAISED BY THE ACCESSION OF THE EU TO THE ECHR
Ottavio Quirico
THE ECHR AND THE IMMUNITIES PROVIDED BY INTERNATIONAL LAW
Beatrice I. Bonafè

Comments

THE NOTION OF “CONTRACTING PARTIES’ JURISDICTION” UNDER ARTICLE 1 OF THE ECHR: SOME MARGINAL REMARKS ON NIGRO’S PAPER
Pasquale De Sena
COMMENTS ON THE ACCESSION OF THE EUROPEAN UNION TO THE ECHR
Benedetto Conforti
EU ACCESSION TO THE ECHR: A PARLIAMENTARY PERSPECTIVE
Emilio De Capitani
ACCESS TO A COURT AND JURISDICTIONAL IMMUNITIES OF STATES: WHAT SCOPE FOR THE BALANCING OF INTERESTS TEST?
Marco Gestri

General Aspects of the Functioning of the ECHR System

THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RULE OF PRIOR EXHAUSTION OF DOMESTIC REMEDIES IN INTERNATIONAL LAW
Antonio Bultrini
MANIFEST ILL-FOUNDEDNESS AND ABSENCE OF A SIGNIFICANT DISADVANTAGE AS INADMISSIBILITY CRITERIA OF INADMISSIBILITY FOR THE INDIVIDUAL APPLICATION TO THE COURT
Simona Granata
THE APPLICATION OF THE ECHR IN THE DOMESTIC SYSTEMS
Andrea Caligiuri and Nicola Napoletano

Comments

REFLECTIONS ON THE RULE OF PRIOR EXHAUSTION OF DOMESTIC REMEDIES IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS
Guido Raimondi
THE LINK BETWEEN MANIFEST ILL-FOUNDEDNESS AND ABSENCE OF A SIGNIFICANT DISADVANTAGE AS INADMISSIBILITY CRITERIA FOR INDIVIDUAL APPLICATIONS
Françoise Tulkens
THE VALUE OF THE JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS FOR THE COURTS OF THE RESPONDENT STATE: DOMESTIC JUDICIAL DECISION IN FAVOUR OF THE APPLICANT AND THE PRINCIPLE OF “DOING AS MUCH AS POSSIBLE”
Pasquale Pirrone

General Conclusion on the Symposium

CONCLUDING REMARKS ON THE FUTURE OF THE STRASBOURG COURT
Jean-Paul Costa

NOTES AND COMMENTS

THE EVOLVING NOTION OF PERSECUTION IN THE LAW AND JURISPRUDENCE OF INTERNATIONAL CRIMINAL TRIBUNALS
Ottavio Quirico
TIED DEVELOPMENT AID: A STUDY ON SOME MAJOR LEGAL ISSUES
Giuseppe Cataldi and Gianluca Serra
INTERNATIONAL MONETARY FUND, WORLD BANK AND RESPECT FOR HUMAN RIGHTS: A CRITICAL POINT OF VIEW
Pasquale De Sena
THE DISMANTLING OF END-OF-LIFESHIPS: THE HONG KONG CONVENTION FOR THE SAFE AND ENVIRONMENTALLY SOUND RECYCLING OF SHIPS
Valentina Rossi
THE ACTIVITY OF THE INTERNATIONAL COURT OF JUSTICE IN 2010
Paolo Palchetti
THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA AND OTHER LAW OF THE SEA JURISDICTIONS (2010)
Tullio Treves
INTERNATIONAL CRIMINAL JUSTICE (2010)
Carlo Focarelli
THE ARBITRAL PRACTICE OF THE INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) IN 2010
Eduardo Savarese

ITALIAN PRACTICE RELATING TO INTERNATIONAL LAW

Classification Scheme

JUDICIAL DECISIONS
(edited by Giuseppe Cataldi and Massimo Iovane)

V. IMMUNITIES
Criminal jurisdiction of the receiving State over an extraordinary rendition com¬mitted on its territory by diplomatic, consular and military agents of the sending State – Diplomatic functions under Article 3(1)(b) the Vienna Convention on Diplomatic Relations of 18 April 1961 – Grave crime under Article 41(1) of the Vienna Convention on Consular Relations of 24 April 1963 – Exclusive juris¬diction of the receiving State under Article VII(2)(b) of the Agreement between the Parties of the North Atlantic Treaty Regarding the Status of Their Forces of 19 June 1951 – International human rights law – Crime of torture
Tribunale di Milano (Sez. IV penale) , 1 February 2010, No. 12428
Public Prosecutor v. Adler and others (the “Abu Omar case”)

VII. LAW OF THE SEA
Foreign vessel – Seizure in the contiguous zone – Crime of aiding and abetting illegal immigration – Lack of Italian jurisdiction – Article 33 of the United Na¬tions Convention on the Law of the Sea (UNCLOS)
Corte di Cassazione (Sez. I penale) , 8 September 2010, No. 32960
Re: Kircaoglu Mehemet and Sanaga Mehemet

XI. TREATMENT OF ALIENS AND NATIONALITY
Interim measures – International terrorism – Prohibition of torture – Principle of non-refoulement – Alternative security measures – Obligations under the European Convention on Human Rights (ECHR)
Corte di Cassazione (Sez. VI penale) , 28 April 2010, No. 20514
Arman Ahemed El Hissini Helmy, Maaouy Lofti Ben Sadok, Ben Yahia Mouldi Ben Rachid, Hekiri Hichem Nem Mohamed, Kneni Kamel, Sahraoui Nessim Ben Romdhane v. Corte d’Assise d’Appello di Milano

XII. HUMAN RIGHTS
Article 14 of the European Convention on Human Rights, in conjunction with Article 1 of Protocol No. 1 – Immigrants’ right to equality of treatment in the field of social assistance – Different treatment on the basis of holding residence permits for long-term residents – Access to essential social benefits as a funda¬mental human right
Corte Costituzionale, 28 May 2010, No. 187
O.M. v. Ministry of Economy and Finance et al.

XIII. INTERNATIONAL RESPONSIBILITY
State responsibility for gross human rights violations – Reparation – Non-ap¬plicability of statutory limitations to war crimes and crimes against humanity – Retroactivity of international criminal norms – Relationship between general international law and fundamental principles of constitutional law – Article 7, paragraph 2, of the European Convention for the Protection of Human Rights and Fundamental Freedoms – General principles of law recognised by civi¬lised nations – Local customary international law – Article 94 of the Charter of the United Nations – Interpretation of the Treaty of Peace of 10 February 1947 – Interpretation of the Economic and Financial Agreement between Italy and Germany of 2 June 1961 – Convention respecting the Laws and Customs of War on Land of 18 October 1907 – Convention relative to the Treatment of Prisoners of War of 27 July 1929
Tribunale di Torino, 19 May 2010
De Guglielmi v. Germany

DIPLOMATIC AND PARLIAMENTARY PRACTICE
(edited by Pietro Gargiulo and Giuseppe Nesi)

II. INTERNATIONAL CUSTOM, LAW OF TREATIES AND OTHER SOURCES OF INTERNATIONAL LAW
1. Reservations to Treaties
2. Effects of Armed Conflicts on Treaties

XII. HUMAN RIGHTS
1. Promotion of Democracy and Respect forFundamental Rights
A. The Italian Government’s Reply to the United Nations Human Rights Council in the Context of the Universal Periodic Review
B. The Reaction of the Italian Government to the Capital Sentence for the Former Minister of Foreign Affairs of Iraq, Mr. Tareq Aziz
C. The Situation of Human Rights and Self-Determination in Western Sahara
D. The Principles of Humanitarian Assistance and the Protection of Minorities in Pakistan
2. Protection of Persons in the Event of Disasters

XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIO-ECONOMIC MATTERS
1. Judicial Co-operation in Criminal Matters

XVI. INTERNATIONAL ORGANIZATIONS
1. United Nations
A. United Nations Reform
B. Promotion and Strengthening of the Rule of Law
C. Protection of Civilians in Armed Conflict
2. The European Union
A. Possible Consequences for the Legal System of the European Union Deriving from Its Participation in the Convention for the Protection of Human Rights and Fundamental Freedoms

XVIII. USE OF FORCE AND PEACE-KEEPING
1. The Role of the Italian Contingent in Afghanistan
2. The Qualification of the Conflict with Iraq During the “First Gulf War” 1990-1991

XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT
1.Weapons of Mass Destruction

AGREEMENTS TO WHICH ITALY IS A PARTY AND AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES
(edited by Marina Mancini)

I. AGREEMENTS TO WHICH ITALY IS A PARTY

A) AGREEMENTS SIGNED BY ITALY, PUBLISHED IN THE GAZZETTA UFFICIALE IN 2010
III. STATES AND OTHER INTERNATIONAL ENTITIES
IV. DIPLOMATIC AND CONSULAR RELATIONS
VI. TERRITORY
VII. LAW OF THE SEA
IX. CULTURAL XII. HUMAN RIGHTS
XII. HUMAN RIGHTS
XIV. CO-OPERATION IN JUDICIAL, LEGAL, SECURITY, AND SOCIO-ECONOMIC MATTERS
1. Legal and Judicial Co-operation
2. Military and Security Matters
3. Cultural, Educational, Scientific and Technological Co-operation
4. Technical Co-operation
5. Social and Health Matters
6. Tourism
7. Transport
8. Neighbourly Relations
XV. INTERNATIONAL ECONOMIC LAW
1. General Economic and Financial Co-operation
2. Taxation
3. Investment
4. Economic Development and Development Co-operation
5. Debt Consolidation and Cancellation Treaties
XVI. INTERNATIONAL ORGANIZATIONS
1. Headquarters Agreements and Legal Status
2. European Union
3. OtherInternational Organizations
XVIII. USE OF FORCE AND PEACE-KEEPING

B) AGREEMENTSSIGNED BY ITALY, PUBLISHED BEFORE2010, THEENTRY INTOFORCEOF WHICH WASANNOUNCED INTHEGAZZETTA UFFICIALE IN2010
VI. TERRITORY
IX. CULTURAL HERITAGE
XII. HUMAN RIGHTS
XIV. CO-OPERATIONINJUDICIAL, LEGAL, SECURITY, AND SOCIO-ECONOMICMATTERS
1. Legaland JudicialCo-operation
2. Cultural, Educational, Scientific and TechnologicalCo-operation
3. Tourism
XV. INTERNATIONAL ECONOMICLAW
1. Taxation
2. Investment
XVI. INTERNATIONAL ORGANIZATIONS
1. European Union
2. Other Internationalorganizations
XVIII. USEOF FORCEAND PEACE-KEEPING
XIX. ARMED CONFLICT, NEUTRALITY, AND DISARMAMENT

II. AGREEMENTS AND UNDERSTANDINGS TO WHICH ITALIAN REGIONS AND AUTONOMOUS PROVINCES ARE PARTIES
A) AGREEMENTS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2010
AUTONOMOUS PROVINCEOF TRENTO
BASILICATA
FRIULI-VENEZIA GIULIA
LOMBARDIA
B) UNDERSTANDINGS SIGNED BY ITALIAN REGIONS AND AUTONOMOUS PROVINCES IN 2010
ABRUZZO
AUTONOMOUSPROVINCEOF BOLZANO
AUTONOMOUSPROVINCEOF TRENTO
LOMBARDIA
MARCHE
PUGLIA
VENETO

LEGISLATION
(edited by Pia Acconci)
V. IMMUNITIES
XI. TREATMENTOF ALIENSAND NATIONALITY
XV. INTERNATIONAL ECONOMICLAW
XVI. INTERNATIONAL ORGANIZATIONS
XVIII. USEOF FORCEAND PEACE-KEEPING

BIBLIOGRAPHIES
ITALIANBIBLIOGRAPHICAL INDEX OF INTERNATIONAL LAW 2010
(edited by Giulio Bartolini and Alessandro Chechi)
REVIEW OF BOOKS
BOOKS RECEIVED
INDEX