In a world where diversity and pluralism are indispensable values for the balanced progress of international law, knowledge of the contribution that each State makes to the formation and development of international norms is increasingly important for both scholars and practitioners. 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. The Yearbook is organised into three main sections. The first contains doctrinal contributions featuring articles on...

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a community's beliefs and traditions, be compatible with the concept of human rights, which are universal and 'inherent' to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international...

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 XVI (2006) is organised in three main sections. The first contains doctrinal contributions including articles on the 2006 conflict in Lebanon, on the historical contribution of Francisco Suarez to the concept of international community, and on recent developments in the field of international environmental law. This section includes also shorter notes on current developments in the field of minority...

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law;...

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law;...

After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO, the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consequence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human...

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 XVII (2007) is organised in three main sections. The first contains doctrinal contributions on the timely issue of the individual right of access to justice and focuses on the Inter-American human rights system, on remedies against acts of international organisations and UN Security Council's targeted sanctions, and on the participation of amici curiae in investor-State arbitrations. This section...

As with any rapid technological development, the biotechnology revolution is putting great strains on the ability of law to adapt to new challenges and threats. Although there is general agreement on the need to regulate biotechnology in many different fields of human activity (agriculture, life sciences, forensic science), domestic law remains deeply divided over the best approach to take. This book is the first major work to cover the most pressing legal issues raised by the impact of biotechnologies on different categories of international norms. Through the contribution of a select group...

The growth in scope and importance of the private military and security industry in the past decade has challenged the role of the state as the main provider of defence and security functions. At the same time it has put under stress the state's authority to properly oversee the conduct of private contractors and has raised the question of whether existing rules of domestic law and international law are adequate to ensure their accountability in the event of abuse. This book addresses this question through the lens of international human rights law and international humanitarian law. It...