Francesco Francioni
Biographic Data
| ID | 5141148 |
|---|---|
| NAME | Francesco Francioni |
| GIVEN NAMES | Francesco |
| FAMILY NAME | Francioni |
| SIGNATURE | FRANCIONI F |
| AFFILIATIONS | European University Institute |
| VERIFIED | No |
| TOTAL WORKS | 23 |
| TOTAL CITATIONS | 60 |
| AUTHOR COUNT | 19 |
| EDITOR COUNT | 4 |
| FIRST PUBLICATION YEAR | 1975 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 5 |
The 1972 World Heritage Convention: A Commentary
Just over 50 years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. Since the publication of the first edition, new problems have arisen in the management of world heritage sites. It has become…
World Heritage Convention: A Commentary
The Preamble
This chapter focuses on the Preamble of the World Heritage Convention. According to the Vienna Convention on the Law of Treaties, Preamble must be taken into consideration for the purpose of interpreting the treaty. The conceptual origin of the World Heritage Convention correlates to the early emergence in the theory and practice of international law of the idea that certain values must be protected in the interest of the international community …
Cultural Heritage
Equity in International Law
The Oxford Handbook of International Cultural Heritage Law
This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional, and bilateral initiatives, including legal measures. Accordingly, the Handbook is primarily focused on public internationa…
Oxford Handbook of International Cultural Heritage Law
Access to Justice and Its Pitfalls: Reparation for War Crimes and the Italian Constitutional Court
In spite of commendable efforts towards addressing the issue of reparation for victims of Nazi crimes during the Second World War, Judgment No. 238, which was handed down by the Italian Constitutional Court, reveals inherent limitations within its approach. The reasoning set out by this judgment is based entirely on the constitutional right of access to justice prevailing over the rule of jurisdictional immunity of the state, as interpreted by th…
From Utopia to Disenchantment: The Ill Fate of 'Moderate Monism' in the ICJ judgment on The Jurisdictional Immunities of the State
Realizing Utopia is the posthumous testament of Antonio Cassese and an act of faith in the emancipatory power of international law. In Chapter 15 of the book he advocates a further breaching of the wall of sovereignty by enabling international law to invalidate inconsistent national law. This article discusses the ambiguities and pitfalls of this approach in light of the recent (2012) judgment of the ICJ in Jurisdictional Immunities of the State.…
Public and Private in the International Protection of Global Cultural Goods
The idea of cultural heritage as an 'international public good' can be traced back to the Preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which 'damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world'. But how can this idea of cultural heritage…
The Human Dimension of International Cultural Heritage Law: An Introduction
FIGURE 9. (a) Adult Varanus obor sp. n. seeking refuge in a tree, showing the unique dark throat and venter; (b) another individual ascending a tree after a foraging bout in a decomposing sago palm trunk (Weijola photos)
International Human Rights in an Environmental Horizon
This paper argues that, in spite of recent judicial practice contributing to the integration of environmental considerations in human rights adjudication, progress in this field remains limited. This is so because of the prevailing ‘individualistic’ perspective in which human rights courts place the environmental dimension of human rights. This results in a reductionist approach which is not consistent with the inherent nature of the environment …
Access to Justice, Denial of Justice and International Investment Law
The development of investment arbitration in contemporary international law has helped to consolidate access to justice as a principle of both customary law on the treatment of aliens and human rights law. This development has also contributed to the emancipation of individuals and private entities from the traditional institution of diplomatic protection by opening to them direct access to international dispute settlement mechanisms. At the same…
Cultural Human Rights
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 collect…
Cultural Human Rights
Cultural Human Rights (International Studies in Human Rights)
"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 collec…
Culture, Heritage and Human Rights: An Introduction
In more than half a century of developments in legal doctrine and practice of human rights, cultural rights have attracted less attention and conceptual elaboration relative to other categories of civil-political rights and social-economic rights. How can it be explained that cultural rights remain inadequately developed and rather problematic as a specific category of human rights? This chapter highlights the fundamental antinomy that cultural r…
Private Military Contractors and International Law: An Introduction
A recent survey of young Europeans ’ opinions of national institutions has revealed, quite surprisingly, that armed forces enjoy the highest level of trust and prestige in a number of major European countries, well above parliaments, the judiciary, the church, political parties and business enterprises. 1 The profound motivations underlying this assessment remain unknown – one can only conjecture that they are related to the increasing sense of i…
Bibliographie/Bibliography
The Destruction of the Buddhas of Bamiyan and International Law
Throughout history, destruction and loss of cultural heritage have frequently occurred as a consequence of fanatic iconoclasm or as 'collateral' effects of armed conflicts. The devastation of the great rock sculptures of the Buddhas of Bamiyan by military and para-military forces of the Taliban Government of Afghanistan in March 2001 presents some unprecedented features. The discriminatory intent, reflected in the sheer will to eradicate any cult…
Multilateralism a la carte: The limits to unilateral withholdings of assessed contributions to the UN budget
Article 17 of the UN Charter establishes the duty of Member States collectively to provide financial support for the organisation, according to an apportionment scale decided by the General Assembly. Since the 1950s, certain members have unilaterally tried to challenge the duty to pay assessed contributions either on political or on legal grounds. This practice has recently posed serious threats to the financial viability of the UN because of sel…
Resource Sharing in Antarctica: For Whose Benefit
Journal Article Resource Sharing in Antarctica: For Whose Benefit? Get access Francesco Francioni Francesco Francioni * The author participated as legal advisor to the Italian delegation at the 1987 and 1988 sessions of the Antarctic minerals negotiations. The views expressed in this note are entirely his own and do not necessarily reflect or express the opinion of the Italian Government Search for other works by this author on: Oxford Academic G…
Compensation for Nationalisation of Foreign Property: The Borderland Between Law and Equity
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Destruction of the Buddhas of Bamiyan and International Law
Throughout history, destruction and loss of cultural heritage have frequently occurred as a consequence of fanatic iconoclasm or as 'collateral' effects of armed conflicts. The devastation of the great rock sculptures of the Buddhas of Bamiyan by military and para-military forces of the Taliban Government of Afghanistan in March 2001 presents some unprecedented features. The discriminatory intent, reflected in the sheer will to eradicate any cult…
The Human Dimension of International Cultural Heritage Law: An Introduction
FIGURE 9. (a) Adult Varanus obor sp. n. seeking refuge in a tree, showing the unique dark throat and venter; (b) another individual ascending a tree after a foraging bout in a decomposing sago palm trunk (Weijola photos)
International Human Rights in an Environmental Horizon
This paper argues that, in spite of recent judicial practice contributing to the integration of environmental considerations in human rights adjudication, progress in this field remains limited. This is so because of the prevailing ‘individualistic’ perspective in which human rights courts place the environmental dimension of human rights. This results in a reductionist approach which is not consistent with the inherent nature of the environment …
Compensation for Nationalisation of Foreign Property: The Borderland Between Law and Equity
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Public and Private in the International Protection of Global Cultural Goods
The idea of cultural heritage as an 'international public good' can be traced back to the Preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which 'damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world'. But how can this idea of cultural heritage…
Access to Justice, Denial of Justice and International Investment Law
The development of investment arbitration in contemporary international law has helped to consolidate access to justice as a principle of both customary law on the treatment of aliens and human rights law. This development has also contributed to the emancipation of individuals and private entities from the traditional institution of diplomatic protection by opening to them direct access to international dispute settlement mechanisms. At the same…
Private Military Contractors and International Law: An Introduction
A recent survey of young Europeans ’ opinions of national institutions has revealed, quite surprisingly, that armed forces enjoy the highest level of trust and prestige in a number of major European countries, well above parliaments, the judiciary, the church, political parties and business enterprises. 1 The profound motivations underlying this assessment remain unknown – one can only conjecture that they are related to the increasing sense of i…
From Utopia to Disenchantment: The Ill Fate of 'Moderate Monism' in the ICJ judgment on The Jurisdictional Immunities of the State
Realizing Utopia is the posthumous testament of Antonio Cassese and an act of faith in the emancipatory power of international law. In Chapter 15 of the book he advocates a further breaching of the wall of sovereignty by enabling international law to invalidate inconsistent national law. This article discusses the ambiguities and pitfalls of this approach in light of the recent (2012) judgment of the ICJ in Jurisdictional Immunities of the State.…
Multilateralism a la carte: The limits to unilateral withholdings of assessed contributions to the UN budget
Article 17 of the UN Charter establishes the duty of Member States collectively to provide financial support for the organisation, according to an apportionment scale decided by the General Assembly. Since the 1950s, certain members have unilaterally tried to challenge the duty to pay assessed contributions either on political or on legal grounds. This practice has recently posed serious threats to the financial viability of the UN because of sel…
Compensation for Nationalisation of Foreign Property: The Borderland Between Law and Equity
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Resource Sharing in Antarctica: For Whose Benefit
Journal Article Resource Sharing in Antarctica: For Whose Benefit? Get access Francesco Francioni Francesco Francioni * The author participated as legal advisor to the Italian delegation at the 1987 and 1988 sessions of the Antarctic minerals negotiations. The views expressed in this note are entirely his own and do not necessarily reflect or express the opinion of the Italian Government Search for other works by this author on: Oxford Academic G…
Multilateralism a la carte: The limits to unilateral withholdings of assessed contributions to the UN budget
Article 17 of the UN Charter establishes the duty of Member States collectively to provide financial support for the organisation, according to an apportionment scale decided by the General Assembly. Since the 1950s, certain members have unilaterally tried to challenge the duty to pay assessed contributions either on political or on legal grounds. This practice has recently posed serious threats to the financial viability of the UN because of sel…
The Destruction of the Buddhas of Bamiyan and International Law
Throughout history, destruction and loss of cultural heritage have frequently occurred as a consequence of fanatic iconoclasm or as 'collateral' effects of armed conflicts. The devastation of the great rock sculptures of the Buddhas of Bamiyan by military and para-military forces of the Taliban Government of Afghanistan in March 2001 presents some unprecedented features. The discriminatory intent, reflected in the sheer will to eradicate any cult…
Bibliographie/Bibliography
Cultural Human Rights
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 collect…
Cultural Human Rights
Cultural Human Rights (International Studies in Human Rights)
"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 collec…
Culture, Heritage and Human Rights: An Introduction
In more than half a century of developments in legal doctrine and practice of human rights, cultural rights have attracted less attention and conceptual elaboration relative to other categories of civil-political rights and social-economic rights. How can it be explained that cultural rights remain inadequately developed and rather problematic as a specific category of human rights? This chapter highlights the fundamental antinomy that cultural r…
Private Military Contractors and International Law: An Introduction
A recent survey of young Europeans ’ opinions of national institutions has revealed, quite surprisingly, that armed forces enjoy the highest level of trust and prestige in a number of major European countries, well above parliaments, the judiciary, the church, political parties and business enterprises. 1 The profound motivations underlying this assessment remain unknown – one can only conjecture that they are related to the increasing sense of i…
Access to Justice, Denial of Justice and International Investment Law
The development of investment arbitration in contemporary international law has helped to consolidate access to justice as a principle of both customary law on the treatment of aliens and human rights law. This development has also contributed to the emancipation of individuals and private entities from the traditional institution of diplomatic protection by opening to them direct access to international dispute settlement mechanisms. At the same…
International Human Rights in an Environmental Horizon
This paper argues that, in spite of recent judicial practice contributing to the integration of environmental considerations in human rights adjudication, progress in this field remains limited. This is so because of the prevailing ‘individualistic’ perspective in which human rights courts place the environmental dimension of human rights. This results in a reductionist approach which is not consistent with the inherent nature of the environment …
The Human Dimension of International Cultural Heritage Law: An Introduction
FIGURE 9. (a) Adult Varanus obor sp. n. seeking refuge in a tree, showing the unique dark throat and venter; (b) another individual ascending a tree after a foraging bout in a decomposing sago palm trunk (Weijola photos)
From Utopia to Disenchantment: The Ill Fate of 'Moderate Monism' in the ICJ judgment on The Jurisdictional Immunities of the State
Realizing Utopia is the posthumous testament of Antonio Cassese and an act of faith in the emancipatory power of international law. In Chapter 15 of the book he advocates a further breaching of the wall of sovereignty by enabling international law to invalidate inconsistent national law. This article discusses the ambiguities and pitfalls of this approach in light of the recent (2012) judgment of the ICJ in Jurisdictional Immunities of the State.…
Public and Private in the International Protection of Global Cultural Goods
The idea of cultural heritage as an 'international public good' can be traced back to the Preamble to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, according to which 'damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world'. But how can this idea of cultural heritage…
Access to Justice and Its Pitfalls: Reparation for War Crimes and the Italian Constitutional Court
In spite of commendable efforts towards addressing the issue of reparation for victims of Nazi crimes during the Second World War, Judgment No. 238, which was handed down by the Italian Constitutional Court, reveals inherent limitations within its approach. The reasoning set out by this judgment is based entirely on the constitutional right of access to justice prevailing over the rule of jurisdictional immunity of the state, as interpreted by th…
Cultural Heritage
Equity in International Law
The Oxford Handbook of International Cultural Heritage Law
This Handbook sets out and assesses the international legal framework governing the protection of cultural heritage. Cultural heritage is frequently not bounded by national territory and can only effectively be protected through international cooperation. This is a primary driving force of contemporary multilateral, regional, and bilateral initiatives, including legal measures. Accordingly, the Handbook is primarily focused on public internationa…
Oxford Handbook of International Cultural Heritage Law
The 1972 World Heritage Convention: A Commentary
Just over 50 years have passed since the adoption of the Convention Concerning the Protection of the World Cultural and Natural Heritage (the UNESCO World Heritage Convention). With its 194 States Parties, it is the most widely ratified convention within the family of UNESCO treaties on the protection of cultural heritage. Since the publication of the first edition, new problems have arisen in the management of world heritage sites. It has become…
World Heritage Convention: A Commentary
The Preamble
This chapter focuses on the Preamble of the World Heritage Convention. According to the Vienna Convention on the Law of Treaties, Preamble must be taken into consideration for the purpose of interpreting the treaty. The conceptual origin of the World Heritage Convention correlates to the early emergence in the theory and practice of international law of the idea that certain values must be protected in the interest of the international community …
Political science (16 works) · Sociology (12 works) · Law (11 works) · International Law and Human Rights (9 works) · Law and economics (8 works) · Law (7 works) · Archaeological Research and Protection (5 works) · Computer Science (5 works) · International law (5 works) · Philosophy (5 works)