Andrea Gattini
Biographic Data
| ID | 1587528 |
|---|---|
| NAME | Andrea Gattini |
| GIVEN NAMES | Andrea |
| FAMILY NAME | Gattini |
| SIGNATURE | GATTINI A |
| AFFILIATIONS | University of Padua |
| ORCID | 0000-0002-4646-528X |
| VERIFIED | Yes |
| TOTAL WORKS | 20 |
| TOTAL CITATIONS | 20 |
| WORKS AS AUTHOR | 19 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 2 |
Human Dignity and International Law
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of d…
Some New Evidence on the ICJ's Treatment of Evidence
In the decision on the second Genocide case ( Croatia v. Serbia ) the ICJ did not deviate from its ruling of 2007 ( Bosnia-Herzegovina v. Serbia and Montenegro ) in matters of evidence. A comparison between the two cases nevertheless shows subtle but interesting nuances. Whereas in the first Genocide case the Court was confronted with a ICTY finding that a genocide had indeed been committed in Srebrenica in July 1995, in the present case the ICTY…
Between Splendid Isolation and Tentative Imperialism
For the last 15 years the European Union (EU) has been particularly active, both internally and internationally, in the fight against global warming, and it is determined to continue to play a global leadership role in this strategic issue. Among the various market-based measures decided upon, the Emission Trading Scheme (ETS) for energy-intensive industrial sectors has been rightly described as the ‘flagship of the EU climate policy’. 1 Even bef…
The Dispute on Jurisdictional Immunities of the State before the ICJ
The pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under c…
Free Zones of Upper Savoy and Gex Case
Pinochet Cases
Evidentiary Issues in the ICJ's Genocide Judgment
Despite the commitment by the International Court of Justice (ICJ or the Court) in clarifying underlying methods and guidelines of its approach to fact-finding and evidence, it can be doubted whether the judgment delivered in the Bosnia and Herzegovina v. Serbia case genuinely marked a decisive step towards a more transparent and reliable methodology for evidentiary matters. Behind the formula of ‘fully conclusive evidence’, when dealing with Art…
Breach of the Obligation to Prevent and Reparation Thereof in the ICJ's Genocide Judgment
In its judgment of 26 February 2007 in the Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide, the Court by a majority of 12 to three found the respondent to be in breach only of its obligations under Article I of the Convention, namely the duties of revention and punishment. Despite the traditional selfrestraint professed by the Court, stressing its intention to ‘ confi ne itself to determ…
War Crimes and State Immunity in the Ferrini Decision
1Associate Professor of International Law, University of Urbino
Kelsen's Contribution to International Criminal Law
Although Kelsen’s theory of international law was open to recognizing the individual as a subject of the international legal order, the question of international criminal law captured his attention only in the aftermath of the Second World War. He approached this theme through the device of a meta-juridical concept of ‘justice’. Kelsen’s scathing criticism of the Nuremberg trial as ‘victors’ justice’ was not only due to his disappointment with th…
Kelsen's Contribution to International Criminal Law
Although Kelsen’s theory of international law was open to ecognizing the individual as a subject of the international legal order, the question of international criminal law captured his attention only in the aftermath of the Second World War. He approached this theme through the device of a meta-juridical concept of ‘justice’. Kelsen’s scathing criticism of the Nuremberg trial as ‘victors’ justice’ was not only due to his disappointment with the…
To What Extent are State Immunity and Non-Justiciability Major Hurdles to Individuals' Claims for War Damages
Claims for war damages that individuals bring before domestic courts against foreign states are usually rejected, either on account of lack of a substantive right conferred upon the individual by international law, or the exception of state immunity. In view of the uncertainties surrounding both arguments, the author maintains that the difficulty in tackling this issue is due instead to the question of non‐justiciability. Even if this argument is…
The UN Compensation Commission
Since its inception, the legitimacy of the United Nations Compensation Commission (UNCC) has been controversial, particularly the Security Council's competence to establish it. In this article, the author maintains that the UNCC, although it represents an unprecedented example of institutionalized international cooperation, follows and improves on the tradition of international law rules on war reparations. Although some of its procedural and sub…
A Return Ticket to 'Communitarisme', Please
In Article 41 of its Draft Articles on State Responsibility, the International Law Commission gave expression to community interests in relation to serious breaches of peremptory norms, without giving in to the pitfalls of an over‐progressive development of the subject. However, when it came to the rules on invocation of responsibility, the ILC fell back into a stale, bilateralistic response. This imbalance, more than being a symptom of schizophr…
A Trojan Horse for Sudeten Claims? On Some Implications of the Prince of Liechtenstein v. Germany
For the last 10 years, Prince Hans Adam II of Liechtenstein has been suing Germany in various courts, including the German Federal Constitutional Court, the European Court of Human Rights and the International Court of Justice. Originally, the subject of the Prince's claim was the ownership of a painting seized, among other property belonging to the Prince's father, by Czechoslovakia in 1945. Now, the Prince is claiming reparation for the alleged…
Sense and Quasisense of Schmitt's Großraum Theory in International Law – A Rejoinder to Carty's “Carl Schmitt's Critique of Liberal International Legal Order”
One year ago in this Journal Carty offered a reassessment of Schmitt's writings on international law, in an attempt to present them as a still valuable theoretical tool in a contemporary critical discourse on (neo)liberalism. Carty's proceedings, thought provoking as they may be, is unconvincing, because Schmitt's views on international law are indissolubly tied up with Nazi ideology and political purposes. Paradoxically a transfer in our time of…
Smoking/no smoking
The question of the place of fault in the system of state responsibility has long been avoided by the International Law Commission. The Commission chose not to dwell on what was felt to be an old academic dispute and preferred to deal with the fault issue in a pragmatic way by envisaging it as a circumstance, the absence of which must be proven by the respondent state in order to preclude the wrongfulness of its conduct. In the Draft approved on …
The Fate of the Koenigs Collection
The Koenigs Collection of Old Master drawings was transferred during the course of World War II from private ownership to the German government. Most of the collection recently appeared in the Pushkin Museum in Moscow. The author examines the validity of these transfers and the proper ownership of the collection today from both a public and private international law perspective. The dispute as to ownership between Russia and the Netherlands and t…
La notion de faute à la lumière du projet de convention de la Commission du Droit International sur la responsabilité internationale
La notion de faute à la lumière du projet de convention de la Commission du Droit International sur la responsabilité internationale Get access Andrea Gattini Andrea Gattini Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 3, Issue 2, 1992, Pages 253–284, https://doi.org/10.1093/ejil/3.2.253 Published: 01 August 1992
Zufall und force majeure im System der Staatenverantwortlichkeit anhand der ILC-Kodifikationsarbeit
VRÜ Verfassung und Recht in Übersee , Seite 253 - 253
The Dispute on Jurisdictional Immunities of the State before the ICJ
The pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under c…
Breach of the Obligation to Prevent and Reparation Thereof in the ICJ's Genocide Judgment
In its judgment of 26 February 2007 in the Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide, the Court by a majority of 12 to three found the respondent to be in breach only of its obligations under Article I of the Convention, namely the duties of revention and punishment. Despite the traditional selfrestraint professed by the Court, stressing its intention to ‘ confi ne itself to determ…
Between Splendid Isolation and Tentative Imperialism
For the last 15 years the European Union (EU) has been particularly active, both internally and internationally, in the fight against global warming, and it is determined to continue to play a global leadership role in this strategic issue. Among the various market-based measures decided upon, the Emission Trading Scheme (ETS) for energy-intensive industrial sectors has been rightly described as the ‘flagship of the EU climate policy’. 1 Even bef…
A Return Ticket to 'Communitarisme', Please
In Article 41 of its Draft Articles on State Responsibility, the International Law Commission gave expression to community interests in relation to serious breaches of peremptory norms, without giving in to the pitfalls of an over‐progressive development of the subject. However, when it came to the rules on invocation of responsibility, the ILC fell back into a stale, bilateralistic response. This imbalance, more than being a symptom of schizophr…
War Crimes and State Immunity in the Ferrini Decision
1Associate Professor of International Law, University of Urbino
Kelsen's Contribution to International Criminal Law
Although Kelsen’s theory of international law was open to ecognizing the individual as a subject of the international legal order, the question of international criminal law captured his attention only in the aftermath of the Second World War. He approached this theme through the device of a meta-juridical concept of ‘justice’. Kelsen’s scathing criticism of the Nuremberg trial as ‘victors’ justice’ was not only due to his disappointment with the…
A Trojan Horse for Sudeten Claims? On Some Implications of the Prince of Liechtenstein v. Germany
For the last 10 years, Prince Hans Adam II of Liechtenstein has been suing Germany in various courts, including the German Federal Constitutional Court, the European Court of Human Rights and the International Court of Justice. Originally, the subject of the Prince's claim was the ownership of a painting seized, among other property belonging to the Prince's father, by Czechoslovakia in 1945. Now, the Prince is claiming reparation for the alleged…
Sense and Quasisense of Schmitt's Großraum Theory in International Law – A Rejoinder to Carty's “Carl Schmitt's Critique of Liberal International Legal Order”
One year ago in this Journal Carty offered a reassessment of Schmitt's writings on international law, in an attempt to present them as a still valuable theoretical tool in a contemporary critical discourse on (neo)liberalism. Carty's proceedings, thought provoking as they may be, is unconvincing, because Schmitt's views on international law are indissolubly tied up with Nazi ideology and political purposes. Paradoxically a transfer in our time of…
Smoking/no smoking
The question of the place of fault in the system of state responsibility has long been avoided by the International Law Commission. The Commission chose not to dwell on what was felt to be an old academic dispute and preferred to deal with the fault issue in a pragmatic way by envisaging it as a circumstance, the absence of which must be proven by the respondent state in order to preclude the wrongfulness of its conduct. In the Draft approved on …
The Fate of the Koenigs Collection
The Koenigs Collection of Old Master drawings was transferred during the course of World War II from private ownership to the German government. Most of the collection recently appeared in the Pushkin Museum in Moscow. The author examines the validity of these transfers and the proper ownership of the collection today from both a public and private international law perspective. The dispute as to ownership between Russia and the Netherlands and t…
La notion de faute à la lumière du projet de convention de la Commission du Droit International sur la responsabilité internationale
La notion de faute à la lumière du projet de convention de la Commission du Droit International sur la responsabilité internationale Get access Andrea Gattini Andrea Gattini Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 3, Issue 2, 1992, Pages 253–284, https://doi.org/10.1093/ejil/3.2.253 Published: 01 August 1992
Zufall und force majeure im System der Staatenverantwortlichkeit anhand der ILC-Kodifikationsarbeit
VRÜ Verfassung und Recht in Übersee , Seite 253 - 253
La notion de faute à la lumière du projet de convention de la Commission du Droit International sur la responsabilité internationale
La notion de faute à la lumière du projet de convention de la Commission du Droit International sur la responsabilité internationale Get access Andrea Gattini Andrea Gattini Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 3, Issue 2, 1992, Pages 253–284, https://doi.org/10.1093/ejil/3.2.253 Published: 01 August 1992
Zufall und force majeure im System der Staatenverantwortlichkeit anhand der ILC-Kodifikationsarbeit
VRÜ Verfassung und Recht in Übersee , Seite 253 - 253
The Fate of the Koenigs Collection
The Koenigs Collection of Old Master drawings was transferred during the course of World War II from private ownership to the German government. Most of the collection recently appeared in the Pushkin Museum in Moscow. The author examines the validity of these transfers and the proper ownership of the collection today from both a public and private international law perspective. The dispute as to ownership between Russia and the Netherlands and t…
Smoking/no smoking
The question of the place of fault in the system of state responsibility has long been avoided by the International Law Commission. The Commission chose not to dwell on what was felt to be an old academic dispute and preferred to deal with the fault issue in a pragmatic way by envisaging it as a circumstance, the absence of which must be proven by the respondent state in order to preclude the wrongfulness of its conduct. In the Draft approved on …
The UN Compensation Commission
Since its inception, the legitimacy of the United Nations Compensation Commission (UNCC) has been controversial, particularly the Security Council's competence to establish it. In this article, the author maintains that the UNCC, although it represents an unprecedented example of institutionalized international cooperation, follows and improves on the tradition of international law rules on war reparations. Although some of its procedural and sub…
A Return Ticket to 'Communitarisme', Please
In Article 41 of its Draft Articles on State Responsibility, the International Law Commission gave expression to community interests in relation to serious breaches of peremptory norms, without giving in to the pitfalls of an over‐progressive development of the subject. However, when it came to the rules on invocation of responsibility, the ILC fell back into a stale, bilateralistic response. This imbalance, more than being a symptom of schizophr…
A Trojan Horse for Sudeten Claims? On Some Implications of the Prince of Liechtenstein v. Germany
For the last 10 years, Prince Hans Adam II of Liechtenstein has been suing Germany in various courts, including the German Federal Constitutional Court, the European Court of Human Rights and the International Court of Justice. Originally, the subject of the Prince's claim was the ownership of a painting seized, among other property belonging to the Prince's father, by Czechoslovakia in 1945. Now, the Prince is claiming reparation for the alleged…
Sense and Quasisense of Schmitt's Großraum Theory in International Law – A Rejoinder to Carty's “Carl Schmitt's Critique of Liberal International Legal Order”
One year ago in this Journal Carty offered a reassessment of Schmitt's writings on international law, in an attempt to present them as a still valuable theoretical tool in a contemporary critical discourse on (neo)liberalism. Carty's proceedings, thought provoking as they may be, is unconvincing, because Schmitt's views on international law are indissolubly tied up with Nazi ideology and political purposes. Paradoxically a transfer in our time of…
To What Extent are State Immunity and Non-Justiciability Major Hurdles to Individuals' Claims for War Damages
Claims for war damages that individuals bring before domestic courts against foreign states are usually rejected, either on account of lack of a substantive right conferred upon the individual by international law, or the exception of state immunity. In view of the uncertainties surrounding both arguments, the author maintains that the difficulty in tackling this issue is due instead to the question of non‐justiciability. Even if this argument is…
Kelsen's Contribution to International Criminal Law
Although Kelsen’s theory of international law was open to recognizing the individual as a subject of the international legal order, the question of international criminal law captured his attention only in the aftermath of the Second World War. He approached this theme through the device of a meta-juridical concept of ‘justice’. Kelsen’s scathing criticism of the Nuremberg trial as ‘victors’ justice’ was not only due to his disappointment with th…
Kelsen's Contribution to International Criminal Law
Although Kelsen’s theory of international law was open to ecognizing the individual as a subject of the international legal order, the question of international criminal law captured his attention only in the aftermath of the Second World War. He approached this theme through the device of a meta-juridical concept of ‘justice’. Kelsen’s scathing criticism of the Nuremberg trial as ‘victors’ justice’ was not only due to his disappointment with the…
War Crimes and State Immunity in the Ferrini Decision
1Associate Professor of International Law, University of Urbino
Pinochet Cases
Evidentiary Issues in the ICJ's Genocide Judgment
Despite the commitment by the International Court of Justice (ICJ or the Court) in clarifying underlying methods and guidelines of its approach to fact-finding and evidence, it can be doubted whether the judgment delivered in the Bosnia and Herzegovina v. Serbia case genuinely marked a decisive step towards a more transparent and reliable methodology for evidentiary matters. Behind the formula of ‘fully conclusive evidence’, when dealing with Art…
Breach of the Obligation to Prevent and Reparation Thereof in the ICJ's Genocide Judgment
In its judgment of 26 February 2007 in the Case concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide, the Court by a majority of 12 to three found the respondent to be in breach only of its obligations under Article I of the Convention, namely the duties of revention and punishment. Despite the traditional selfrestraint professed by the Court, stressing its intention to ‘ confi ne itself to determ…
Free Zones of Upper Savoy and Gex Case
The Dispute on Jurisdictional Immunities of the State before the ICJ
The pending dispute at the ICJ between the Federal Republic of Germany and the Republic of Italy on jurisdictional immunities of states bears on the hotly debated question of whether a state having committed a violation of jus cogens loses its immunity from civil jurisdiction abroad, as maintained by the Italian Court of Cassation. The article aims to demonstrate the untenability of the position of the Italian Court of Cassation, not only under c…
Between Splendid Isolation and Tentative Imperialism
For the last 15 years the European Union (EU) has been particularly active, both internally and internationally, in the fight against global warming, and it is determined to continue to play a global leadership role in this strategic issue. Among the various market-based measures decided upon, the Emission Trading Scheme (ETS) for energy-intensive industrial sectors has been rightly described as the ‘flagship of the EU climate policy’. 1 Even bef…
Some New Evidence on the ICJ's Treatment of Evidence
In the decision on the second Genocide case ( Croatia v. Serbia ) the ICJ did not deviate from its ruling of 2007 ( Bosnia-Herzegovina v. Serbia and Montenegro ) in matters of evidence. A comparison between the two cases nevertheless shows subtle but interesting nuances. Whereas in the first Genocide case the Court was confronted with a ICTY finding that a genocide had indeed been committed in Srebrenica in July 1995, in the present case the ICTY…
Human Dignity and International Law
Human dignity is a classical concept in public international law, and a core element of the human rights machinery built after the Second World War. This book reflects on the past, present and future of the concept of human dignity, focusing on the role of international lawyers in shaping the idea and their potential and actual role in protecting the rights of certain vulnerable groups of contemporary societies, such as migrant women at risk of d…
Political science (17 works) · Law (16 works) · International Law and Human Rights (12 works) · International law (11 works) · Sociology (11 works) · Global Peace and Security Dynamics (8 works) · Law (8 works) · State (computer science (7 works) · Commission (5 works) · Computer Science (5 works)