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Journal articles on the topic 'International and municipal law – Italy'

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Published: 10 March 2023

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1

Eruaga, Osatohanmwen OA. "Seeking the Golden Fleece through Lampedusa: Situating Municipal Action in International Law." Groningen Journal of International Law 7, no. 1 (August 27, 2019): 21–36. http://dx.doi.org/10.21827/5d5141b5d71c1.

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The crises of illegal migration by sea, currently plaguing the coastal States around the Mediterranean Sea, have created a situation of tightening border controls. Italy, as a choice destination State for many migrants, has continued to employ measures to ensure that the number of vessels carrying irregular migrants arriving onshore is reduced to the barest minimum. Push-back measures, which are conducted based on bilateral agreements with Libya, are one such method of seaward border management. This article questions the legality of the Italian push-back measures, as a representation of State interest, when placed next to international law. The paper argues that, since such measures of externalisation of border security may conflict with principles of international law, destination States should consciously adopt measures that are sensitive to migrant rights.

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2

Bolgherini, Silvia, Mattia Casula, and Mariano Marotta. "Municipal reaction to functional rescaling in Italy." International Journal of Public Sector Management 31, no. 4 (May 14, 2018): 448–65. http://dx.doi.org/10.1108/ijpsm-12-2016-0204.

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PurposeThe purpose of this paper is to discuss the municipal reaction to a recent rescaling policy in Italy that, since 2010, require to small municipalities to jointly manage their basic tasks (compulsory joint management – CJM) through intermunicipal forms of cooperation. The paper will investigate: how many small municipalities did effectively join their basic tasks; which forms of cooperation did they choose to perform these tasks; and which kind of reaction municipalities enacted toward the national provision.Design/methodology/approachQuantitative data rely on an original database collecting information on all Italian municipalities up to 2015. A qualitative research has also been conducted by submitting a semi-structured questionnaire and interviews to the civil servants in charge of the CJM in each of the 20 Italian regions and to other privileged interlocutors.FindingsItalian municipalities poorly complied with the CJM norm and when they did, they choose the easiest way to do it (using the simplest available intermunicipal cooperation form). Among the explanations for this reaction: the lack of consistency and clear political will of the national policy maker in respect to this norm and the lack of a mind set at the local level oriented to cooperation and networking.Originality/valueThis paper highlights the main patterns of conflict in functional rescaling of small-sized municipalities in Italy, thus providing both fresh new data on this phenomena and useful elements for shaping future policy making on this topic.

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3

Landriani, Loris, Luigi Lepore, Gabriella D'Amore, Stefano Pozzoli, and Federico Alvino. "Decorporatization of a municipal water utility: A case study from Italy." Utilities Policy 57 (April 2019): 43–47. http://dx.doi.org/10.1016/j.jup.2019.01.005.

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4

Capone, Francesca. "Criminalising Terrorist Offences and the Phenomenon of Foreign Terrorist Fighters at the Municipal Level without Defining Terrorism in International Law: Does the Trick Really Work?" International Criminal Law Review 21, no. 4 (May 31, 2021): 731–47. http://dx.doi.org/10.1163/15718123-bja10059.

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Abstract Although terrorism does not represent a new concern, it keeps evolving and posing new challenges to both the international community and individual States. The efforts to adopt uniform and concerted actions, also in terms of new legal instruments, so far have produced varying and in some instances questionable results. One of the main issues is represented by the lack of a universally agreed-upon definition of terrorism, an issue that resonates also at the domestic level whenever States are called to implement further layers of the existing international counter-terrorism framework. The present article aims at discussing the problems that States face while adopting and enforcing international obligations to criminalise terrorist offences; most recently those connected to the foreign terrorist fighters (ftf s) phenomenon. This article will focus on Italy and it will analyse how the international norms to fight terrorism have been transposed in its domestic legislation and interpreted by its courts.

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5

Colavitti, Anna Maria, Alessio Floris, and Sergio Serra. "Urban Standards and Ecosystem Services: The Evolution of the Services Planning in Italy from Theory to Practice." Sustainability 12, no. 6 (March 20, 2020): 2434. http://dx.doi.org/10.3390/su12062434.

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Human well-being is determined by multiple factors related to health, social relations, safety, environment, landscape, cultural heritage, and quality of services. The Italian planning system provided a set of “urban standards”, in terms of threshold values of areas per inhabitant destined for public services and facilities. The application of urban standards, for a period of more than fifty years, did not result in a broad improvement of life quality in the urban areas. This paper discusses the issue of urban facilities in Italy in order to evaluate the opportunity to innovate traditional standards according to the environmental and ecological paradigm, focusing on the benefits provided to humans by natural ecosystems, the so-called ecosystem services (ESs). The paper investigates the evolution of the Italian planning practice through the introduction of quality standards and innovative tools able to meet the ever-changing social demand. The research aims to verify if the ES concept is really implemented in the Italian planning practice and if the ecosystem approach has a real impact on political decision-making. Using a comparative method, four case-studies of urban municipal plans are selected and analyzed in order to identify different approaches and possible fields of innovation. The research highlighted a lack of integration of ecosystem services approach in the land use decisions, although there is an in-depth survey on the state of conservation of ecological and environmental resources. The local experiments of qualitative standards represent an attempt to deal with specific ecological emergencies, namely flood risk, air, water, and soil pollution, and loss of biodiversity. Conclusions discuss, from an international perspective, the need to revise the traditional planning approach in the field of public services and facilities, taking into account the influence of ecosystem services on human well-being.

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6

Mauri, Diego, and Niccolò Zugliani. "Relationship Between Municipal and International Law: An Only Child without “Younger Brothers”: Contrada v. Italy (No. 3) and the Never-Ending Saga of the Relationship between Italian Courts and the ECtHR — Implementing International Treaties into the Italian Legal Order: Diverging views on the Identification of Self-Executing Provisions." Italian Yearbook of International Law Online 30, no. 1 (November 10, 2021): 481–93. http://dx.doi.org/10.1163/22116133-03001028.

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7

Frowein, Jochen A. "International Law in Municipal Courts." Proceedings of the ASIL Annual Meeting 91 (1997): 290–95. http://dx.doi.org/10.1017/s0272503700065915.

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8

The Italian Yearbook of Internation, Editors. "Relationship Between Municipal and International Law." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 452–64. http://dx.doi.org/10.1163/22116133-02701026.

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9

The Italian Yearbook of Internation, Editors. "Relationship Between Municipal and International Law." Italian Yearbook of International Law Online 27, no. 1 (November 14, 2018): 495–501. http://dx.doi.org/10.1163/22116133-02701033.

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10

Staiano, Fulvia. "RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 556–62. http://dx.doi.org/10.1163/22116133-90000181a.

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11

Lampo, Giuliana. "Relationship between Municipal and International Law." Italian Yearbook of International Law Online 28, no. 1 (October 18, 2019): 488–92. http://dx.doi.org/10.1163/22116133_02801031.

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12

Mola, Lorenza. "Relationship between Municipal and International Law." Italian Yearbook of International Law Online 28, no. 1 (October 18, 2019): 493–99. http://dx.doi.org/10.1163/22116133_02801032.

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13

Collier, J. G. "Municipal Law and International Law Tangle Once More." Cambridge Law Journal 54, no. 1 (March 1995): 7–9. http://dx.doi.org/10.1017/s0008197300083008.

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14

Stephan, P. B. "International investment law and municipal law: substitutes or complements?" Capital Markets Law Journal 9, no. 4 (September 11, 2014): 354–72. http://dx.doi.org/10.1093/cmlj/kmu028.

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15

CATALDI, GIUSEPPE. "XVIII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 13, no. 1 (2003): 259–63. http://dx.doi.org/10.1163/221161303x00209.

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16

Terrasi, Alfredo. "XVII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 25, no. 1 (October 18, 2016): 536–43. http://dx.doi.org/10.1163/22116133-90000130a.

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17

ANDREONE, GEMMA. "XVIII. RELATIONSHIP BETWEEN MUNICIPAL AND INTERNATIONAL LAW." Italian Yearbook of International Law Online 9, no. 1 (1999): 188–91. http://dx.doi.org/10.1163/221161399x00178.

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18

Rubino-Sammartano, Mauro. "New International Arbitration Legislation in Italy." Journal of International Arbitration 11, Issue 3 (September 1, 1994): 77–86. http://dx.doi.org/10.54648/joia1994023.

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19

Ferreira, Gerrit, and Anel Ferreira-Snyman. "The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 4 (April 11, 2017): 1496. http://dx.doi.org/10.17159/1727-3781/2014/v17i4a2171.

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Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

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20

Alvik, Ivar. "Concessions in International Law." Nordic Journal of International Law 91, no. 4 (December 5, 2022): 568–94. http://dx.doi.org/10.1163/15718107-91040003.

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Abstract The article examines the extent to which concessionary rights are protected under three different branches of international law; traditional customary law, the case law of the European Court of Human Rights, and arbitral practice under investment treaties. It reveals clear similarities with respect to when such rights are considered protected. However, it simultaneously argues that case law under investment treaties tends to adopt a less nuanced approach to the nature of such rights, almost invariably assuming them to constitute a kind of property. This again entails that the investor/concessionaire is seen to have a right to performance, and in effect to protection of his expectation interest. The article shows how this stands in contrast with a more nuanced perspective under the property provision of the echr, which better reflects the complexities of the issue under municipal law. While a failure to sufficiently respect an investor’s legitimate expectations may entail liability for the state, it is not necessarily comparable to expropriation of property and will usually entail only that the investor has a right to recover his reliance loss. The article argues that this may be reflective of a more general tendency in international investment law and arbitration also pointed to by others, where the modality of protection under investment treaties threatens to distort important nuances and concerns and overprotect foreign investment compared to other private rights and interests under municipal law.

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21

Pollicino, Oreste. "Italy." European Constitutional Law Review 4, no. 2 (June 2008): 363–82. http://dx.doi.org/10.1017/s1574019608003635.

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It is never too late. In two decisions handed down at the end of October 2007, the Italian Constitutional Court seems finally to have begun to take seriously one of the Italian Constitution's fundamental principles: the openness to international law which is embodied in Articles 10, 11 and – the provision chosen by the Constitutional Court in the judgments being examined – 117, paragraph 1 of the Constitution, which was added by the constitutional revision of 2001. In particular, the two decisions focus on the relationship between the Italian constitutional legal order and the Convention for the Protection of Human Rights and Fundamental Freedoms.

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22

Alizamini, Yaser Esmaeilpour. "Concept of Nationality under Municipal Law and International Law-Various Dimensions." International Journal of Social and Economic Research 4, no. 2 (2014): 187. http://dx.doi.org/10.5958/2249-6270.2014.00495.4.

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23

Giardina, Andrea. "Italy: Law Reforming the Italian System of Private International Law." International Legal Materials 35, no. 3 (May 1996): 760–82. http://dx.doi.org/10.1017/s002078290002430x.

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24

Sik, Ko Swan. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 17 (December 1986): 237. http://dx.doi.org/10.1017/s0167676800001616.

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25

Sik, Ko Swan, and P. C. Tange. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 18 (December 1987): 345. http://dx.doi.org/10.1017/s0167676800001744.

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26

Sik, Ko Swan, and P. C. Tange. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 19 (December 1988): 423. http://dx.doi.org/10.1017/s0167676800001860.

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27

Sik, Ko Swan. "Netherlands municipal legislation involving questions of public international law." Netherlands Yearbook of International Law 16 (December 1985): 451. http://dx.doi.org/10.1017/s0167676800003561.

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28

Kirby, Michael. "The common law and international law – a dynamic contemporary dialogue." Legal Studies 30, no. 1 (March 2010): 30–60. http://dx.doi.org/10.1111/j.1748-121x.2009.00138.x.

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International law, as expressed in treaties and in customary law, is of growing importance in municipal jurisdictions throughout the world. Some barriers to the use of international law in national courts are identified. Occasionally, they include scepticism and even hostility about this body of law. However, the past 60 years have witnessed a remarkable change in judicial attitudes in final courts in most Commonwealth countries.In the UK, the impact of Europe has helped create an ‘incoming tide’. In South Africa, India and Canada, constitutional provisions have stimulated the change. New Zealand is now affected by its Bill of Rights Act. But, in Australia, none of these forces was available and decisional authority adhered for decades to strict dualism.The changing pace of utilisation of international law in the UK and Australia are described. In the UK, the Human Rights Act 1998 now consolidates a trend already happening in the courts. In Australia, the Mabo decision in 1992 effectively endorsed the Bangalore Principles on the municipal application of international human rights norms. This paper describes the contrasting case-law. In the foregoing countries, it concludes with a response to criticisms of judicial utilisation of international law and a suggestion of the proper jurisprudential basis that can be identified to sustain a judicial process that is now well advanced in the countries surveyed.

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29

Hoffman, István, and János Fazekas. "The Nature of the “Quasi” – Municipal Policing in Hungary with International and Historical Outlook." Lex localis - Journal of Local Self-Government 15, no. 3 (June 28, 2017): 541–58. http://dx.doi.org/10.4335/15.3.541-558(2017).

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The article reviews the legal status, the organisation and the tasks of Hungarian municipal policing, and the transformation of this system. Firstly, theoretical and international backgrounds of the topic are shown. Secondly, the article presents the changing roles of Hungarian municipal policing. Here, a tendency of nationalisation can be observed, but from the 1980s the framework of the municipal policing has evolved. Thirdly, the mixed nature of the Hungarian municipal policing is analysed which system can be characterise as a “quasi police” system because of the similarities and differences of the municipal and state police authorities.

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30

Labin, D. K., and T. Potier. "Keeping international law international, a reflection on Anthea Roberts’ “is international law international?”." Moscow Journal of International Law, no. 4 (March 23, 2020): 6–17. http://dx.doi.org/10.24833/0869-0049-2019-4-6-17.

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INTRODUCTION. Occasionally a book appears which has a significant impact on the scholarly community. A fine example of this is the work considered here by the Australian international lawyer, Anthea Roberts. Until very recently, comparative studies on international law were rare. However, as international law further develops and widens, so special attention will need to be paid to ensure that international law students are, to a greater extent, taught the same material and in the same way. As municipal systems of law became more mature, so doctrine and jurisprudence began to diverge. International law has now entered such a phase in its development and, in this excellent book, Dr. Roberts asks a series of very important questions: exactly what is taking place, what are the factors that are driving these processes, is such to be welcomed, is it unstoppable and where do we go from here?MATERIALS AND METHODS. The article reflects on Anthea Roberts’ book “Is International Law International?” (Oxford, Oxford University Press, 2017). The authors of the article consider the contribution of the monograph to legal science, particularly with its interest in a revived Comparative International Law.RESEARCH RESULTS. The view of the authors of the article is that Anthea Roberts’ book is a work of profound significance, which will, hopefully, inspire additional research in the field of Comparative International Law in years to come.DISCUSSION AND CONCLUSIONS. Comparative International Law is a relatively neglected field in International Law. Without question, the international legal academy (from the elite law schools of the permanent members of the United Nations Security Council) emphasises different things both in its scholarly writings and pedagogy. This needs to be given greater attention, even if, at least for now, it cannot be entirely arrested; so that the much-feared fragmentation of international law into not only separate fields and standards, but also in terms of agreeing on its content and application, is minimised.

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31

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1992." Netherlands Yearbook of International Law 24 (December 1993): 327. http://dx.doi.org/10.1017/s016767680000009x.

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32

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1993." Netherlands Yearbook of International Law 25 (December 1994): 499. http://dx.doi.org/10.1017/s0167676800000295.

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33

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1994." Netherlands Yearbook of International Law 26 (December 1995): 311. http://dx.doi.org/10.1017/s0167676800000428.

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34

Barnhoorn, L. A. N. M. "Netherlands municipal legislation involving questions of public international law, 1995." Netherlands Yearbook of International Law 27 (December 1996): 297. http://dx.doi.org/10.1017/s0167676800000568.

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35

Barnhoorn, L. A. N. M. "Netherlands municipal legislation involving questions of public international law, 1996." Netherlands Yearbook of International Law 28 (December 1997): 305. http://dx.doi.org/10.1017/s0167676800000696.

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36

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1997." Netherlands Yearbook of International Law 29 (December 1998): 229. http://dx.doi.org/10.1017/s0167676800000829.

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37

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1998." Netherlands Yearbook of International Law 30 (December 1999): 269. http://dx.doi.org/10.1017/s0167676800000957.

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38

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1999." Netherlands Yearbook of International Law 31 (December 2000): 245. http://dx.doi.org/10.1017/s0167676800001082.

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39

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2000." Netherlands Yearbook of International Law 32 (December 2001): 225. http://dx.doi.org/10.1017/s0167676800001227.

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40

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2001." Netherlands Yearbook of International Law 33 (December 2002): 311. http://dx.doi.org/10.1017/s0167676800001367.

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41

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2002." Netherlands Yearbook of International Law 34 (December 2003): 333. http://dx.doi.org/10.1017/s0167676800001495.

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42

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1988." Netherlands Yearbook of International Law 20 (December 1989): 273. http://dx.doi.org/10.1017/s0167676800001999.

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43

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1989." Netherlands Yearbook of International Law 21 (December 1990): 353. http://dx.doi.org/10.1017/s0167676800002129.

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44

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1991." Netherlands Yearbook of International Law 23 (December 1992): 427. http://dx.doi.org/10.1017/s0167676800002269.

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45

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 1990." Netherlands Yearbook of International Law 22 (December 1991): 369. http://dx.doi.org/10.1017/s0167676800002397.

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46

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2003." Netherlands Yearbook of International Law 35, no. -1 (October 21, 2005): 423. http://dx.doi.org/10.1017/s0167676804004234.

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47

Tange, P. C. "Netherlands municipal legislation involving questions of public international law, 2004." Netherlands Yearbook of International Law 36 (December 2005): 413. http://dx.doi.org/10.1017/s0167676805004137.

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48

Tange, P. C. "NETHERLANDS MUNICIPAL LEGISLATION INVOLVING QUESTIONS OF PUBLIC INTERNATIONAL LAW, 2007." Netherlands Yearbook of International Law 39 (December 2008): 361. http://dx.doi.org/10.1017/s0167676808003619.

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49

Tange, P. C. "NETHERLANDS MUNICIPAL LEGISLATION INVOLVING QUESTIONS OF PUBLIC INTERNATIONAL LAW, 2008." Netherlands Yearbook of International Law 40 (December 2009): 389–95. http://dx.doi.org/10.1017/s0167676809000087.

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50

/, Alfred Michael. "Nationality and Obligations of Loyalty in International and Municipal Law." Australian Year Book of International Law Online 24, no. 1 (2005): 37–63. http://dx.doi.org/10.1163/26660229-024-01-900000005.

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