Category Archives: European Union

International Standards on Criminal Punishment: Italy’s Position Between Progressive Tendencies and Lack of Legal Clarity

Leave a reply

In 2022, the Italian Government addressed the issue of criminal punishment on various occasions, thus shedding light on the interpretation of its features in accordance with relevant international standards. The resulting picture is a composite one, anchored in human rights and directed at expanding the reach of international law to an area traditionally considered to be within the reserved domain of States – but not always on the basis of clear legal arguments.

Continue reading →

The Russian Aggression Against Ukraine: Issues of Recognition, Sanctions and the Supply of Weapons

Leave a reply

During 2022, in the context of the conflict in Ukraine, three main topics of discussion emerged in the Italian parliamentary practice: the recognition of the self-proclaimed “republics” of the Donbass, the issue of sanctions against the Russian Federation, and, finally, the question of the legality and political expediency of supplying arms to Ukraine. All these topics are explored in the ensuing analysis, highlighting the position taken by the Italian Government on each of them. 

Continue reading →

The Non-Recognition of the Taliban Government of Afghanistan

Leave a reply

Following the so-called Doha Agreement,[1] in April 2021 the final phase of the withdrawal of the United States (US) Army and all North Atlantic Treaty Organization forces on Afghan territory began. In May 2021, the Taliban launched their offensive, conquering in a rapid succession most capitals of the country’s provinces. The peak of the Taliban military attack occurred on 15 August 2021, the day of the conquest of Kabul. The subsequent escape of the President of Afghanistan, Mr. Ashraf Ghani, to the United Arab Emirates marked the capitulation of the Armed Forces of Afghanistan, the end of the Islamic Republic of Afghanistan, which had been established in 2004, and the restoration of the Islamic Emirate of Afghanistan by the Taliban.

Continue reading →

International Cooperation in the Fight against Covid-19 and the Efforts for Equal Access to and Distribution of Vaccines

Leave a reply

Since the outbreak of the COVID-19 pandemic, Italy has played a proactive role in international initiatives aimed at countering health threats.[1] The Italian strategy in the fight against the pandemic was pursued through cooperation in different multilateral fora. Firstly, Italy participated in multilateral efforts undertaken within the World Health Organization (WHO), the European Union (EU) and the G20 and supported initiatives to reform global health law through the adoption of a new binding instrument on pandemic preparedness and response. Furthermore, Italy committed to ensuring the success of international procurement mechanisms for vaccines’ supply to low- and middle-income countries and advocated for exemptions to the international patent system to increase vaccines’ production.

Continue reading →

The Legality of Sanctions Between the Condemnation of Their Extraterritorial Application and Humanitarian Concerns

Leave a reply

On 23 March 2021, the United Nations (UN) Human Rights Council passed a resolution entitled “The negative impact of unilateral coercive measures on the enjoyment of human rights”,[1] with the negative vote of 15 States, including Italy. One week later, on 31 March, during a joint session (7th Meeting, XVIII Legislature) of the Committee on Foreign and European Community Affairs (III) of the Chamber of Deputies and the Committee on Foreign Affairs, Emigration (3rd) of the Senate of the Republic, the Minister of Foreign Affairs and International Cooperation, Mr. Luigi di Maio, addressed and dispelled the allegations that Italy’s vote amounted to an endorsement of sanctions on Cuba (a Country that voted in favor of the resolution).

Continue reading →

The Legality of the Libyan Fisheries Protection Zone and the Coastal State’s Enforcement Powers: A Change of Policy

Leave a reply

Somewhat unsurprisingly, the so-called “red prawn war”, the dispute that has pitted the Mazara del Vallo fishing industry and the Libyan authorities against each other for dozens of years, has generated intense parliamentary activity in 2021 as well.

Continue reading →

The Arrest and Continuous Detention of Egyptian Researcher Patrick Zaki

Leave a reply

On 7 February 2020, Patrick Zaki, an Egyptian researcher, was arbitrarily arrested by the Egyptian authorities at Cairo airport. He was returning home from Italy for a family visit. Since August 2019, he had been on leave from his job at the Egyptian Initiative for Personal Rights (EIPR) to study for a postgraduate degree at the University of Bologna. Upon his arrival at Cairo airport, Zaki was disappeared for 24 hours.

Continue reading →

Arms Export to Some Near- and Middle-Eastern Countries

Leave a reply

In 2020, the interest – from a legal viewpoint – in Italy’s position on arms export stemmed from what the Country’s representatives omitted to say rather than from the explicit content of their declarations.

Continue reading →

Developments Concerning Austria’s Attempts to Grant Dual Nationality and Consular Assistance to German- and Ladin-speaking South Tyroleans

Leave a reply

Toned down during the first part of 2019, the diplomatic row between Italy and Austria over Vienna’s draft laws on dual nationality and consular assistance for German- and Ladin-speaking South Tyroleans resurfaced[1] following the fall of the Austrian Government in May 2019.

Continue reading →

Maritime Delimitation in the Eastern and Central Mediterranean: The Position of Italy with Respect to Turkish Exploration Activities Offshore Cyprus and the Memorandum of Understanding Between Turkey and Libya

Leave a reply

In the eastern and central Mediterranean, the importance attached by regional actors to the existence of a defined legal framework for maritime delimitation has recently emerged with reference to two separate but interrelated cases: the exploitation of hydrocarbon resources offshore Cyprus and the stipulation of a “memorandum of understanding” between Turkey and the Libyan Government led by Mr Fayez al-Sarraj and recognized by the United Nations (UN). In both cases, a clear contrast between the position and interests of Turkey, on the one hand, and the claims of a number of other coastal States, on the other, emerged. As will be seen, the Italian Government took a strong stance against the actions of Turkey, in the first case, but it adopted, instead, a position of mild criticism in the second case.

Continue reading →