By et al Benedetto Conforti
The Italian Yearbook of foreign legislations goals at making obtainable to the English conversing public the Italian contribution to the perform and literature of overseas legislations. quantity XIV (2004) is organised in 3 major sections. the 1st includes doctrinal contributions together with articles at the UN constitution reform; businesses as overseas actors; human genetics and reproductive expertise; and at the ICJ Advisory Opinion at the building of a wall within the Occupied Palestinian Territory. This part comprises additionally notes at the seminal judgment of the Italian ideal courtroom within the Ferrini case, environment apart immunity of a international kingdom in admire of reparation claims via sufferers of gross violations of human rights, and at the selection of the certain court docket of Sierra Leone within the Charles Taylor case, in addition to surveys at the job of chosen overseas associations and tribunals (World alternate association, legislations of the ocean Tribunal, and eu court docket of Human Rights). the second one part covers the Italian perform within the parts of one) judicial judgements; 2) diplomatic and parliamentary perform; three) treaty perform; and four) nationwide laws. The 3rd part includes a systematic bibliographical index of Italian literature within the box of overseas legislations and studies of contemporary books. the quantity ends with an analytical index for prepared session that comes with the most judicial situations and criminal tools pointed out in the course of the Yearbook.
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Additional info for The Italian Yearbook of International Law, 14 (2004)
32 Cf. supra, note 7. According to the US President doctrine on “preventive war”, the updated notion of imminence, which would allow the US to react in self-defence, encompasses the new threats, constituted by the possession of WMD by States ready to use them and by terrorist’s movements. Deterrence does not work against the new threats. In the past the imminence of attack was much more visible, since it consisted in the mobilization of army, navy and air forces. Nowadays, terrorist movements operate underground, and rogue States are not deterred by NWS, lawfully detaining nuclear weapons.
29 Moreover, the SG’s proposal is not in keeping with the UN Charter since it attributes quasi-legislative powers to the SC in the vital ﬁeld of maintenance of the international peace and security. 30 However, he does not follow the HLP recom27 Supra note 6. For instance the United States immediately expressed a negative stance on a SC resolution on the use of force, see The Washington Times, 22 March 2005. 29 The SG is not able to make a single proposal for SC composition either. He afﬁrms that the SC should be enlarged.
26 ARTICLES Are corporations “objects” of international law, as human beings are said to be, passively bound by international law and beneﬁting from its protection, but not actively making international law? Or are they “subjects” of international law like States: international legal persons within the public international law system, actively making its rules, asserting rights and fulﬁlling obligations? The answer must be that at this stage in the development of international law the classiﬁcation of corporations is a matter of choice.