The boundary between Italy and France in the Alpine region is set by the treaty signed in Turin, on 24 March 1860, by the Kingdom of Sardinia and the French Empire concerning the cession to the latter of the Duchy of Savoy and the County of Nice, as well as by the actual delimitation agreements – implementing the 1860 Treaty – signed by the same parties on 27 June and 25 November 1860, 7 March 1861, and 26 September 1862.[1]
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Maritime Delimitation in the Central Mediterranean Sea and Algeria’s Proclamation of an Exclusive Economic Zone
With Presidential Decree no. 18-96 of 20 March 2018, Algeria officially proclaimed an exclusive economic zone (EEZ) in the Mediterranean Sea so as to exercise therein its sovereign rights and jurisdiction in accordance with Part V of the 1982 UN Convention on the Law of the Sea (UNCLOS). The act included a list of 63 geographical coordinates delineating the extension of the maritime claim but envisaged that the outer limits of the EEZ could be modified through bilateral agreements with neighboring States, where necessary.[1]
Continue readingThe Proposed Israeli Annexation of Parts of the West Bank
On 20 April 2020, the Prime Minister of Israel, Mr Benjamin Netanyahu, and the leader of the White and Blue political alliance, Mr Benjamin Gantz, signed the coalition agreement that ended the political stalemate resulting from the inconclusive results of three consecutive Israeli legislative elections, which had been held in April 2019, September 2019, and March 2020.
Continue readingThe Libyan Fisheries Protection Zone and the Powers of Enforcement of a Local De Facto Government During the Libyan Civil War
On 1 September 2020, two Italian fishing vessels from Mazara del Vallo, Sicily, were seized by Libyan forces operating under the authority of the Benghazi unrecognized government. The seizure took place approximately 38 miles off the coast of Cyrenaica. The fishermen of the two boats – eight Italians, six Tunisians, two Indonesians, and two Senegalese – were accused of fishing in Libyan waters and were transferred to Libyan soil where they began a period of detention that would last 108 days.[1] The fishing vessels were also seized by the Libyan militia.
Continue readingArms Export to Some Near- and Middle-Eastern Countries
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 readingThe Classification of Italy’s Ports as Places Unsafe for Migrants Rescued by Foreign Vessels Outside the Country’s SAR Area
Even though greatly reduced compared to the peaks of the previous years, migratory flows across the Mediterranean Sea towards Italy’s coasts continued in 2020 – as did the tragic deaths of migrants, compounded by the inaction of Southern European States, in particular Italy and Malta.
Continue readingDevelopments Concerning Austria’s Attempts to Grant Dual Nationality and Consular Assistance to German- and Ladin-speaking South Tyroleans
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 readingMaritime 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
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 readingTerritorial Issues Concerning the Arab-Israeli Conflict
On the Status of the Golan Heights
On 25 March 2019, the President of the United States (US), Mr Donald Trump, issued a Presidential Proclamation recognizing Israeli sovereignty over the Golan Heights. The text of the Proclamation clarifies that the main reason behind this decision was Israeli security. More specifically, the relevant part of the text reads:
The State of Israel took control of the Golan Heights in 1967 to safeguard its security from external threats. Today, aggressive acts by Iran and terrorist groups, including Hizballah, in southern Syria continue to make the Golan Heights a potential launching ground for attacks on Israel. Any possible future peace agreement in the region must account for Israel’s need to protect itself from Syria and other regional threats. Based on these unique circumstances, it is therefore appropriate to recognize Israeli sovereignty over the Golan Heights.[1]
Continue readingThe Non-recognition of the Venezuelan President Between Democratic Standards and the Principle of Non-intervention in the Internal Affairs of Other States
Throughout 2018, the situation in Venezuela remained highly volatile. In May, snap presidential elections took place and the incumbent President, Mr Nicolás Maduro, declared victory; however, the election results were recognized neither by the opposition (which had mostly boycotted the poll) nor by a large part of the international community.[1] On 5 August 2018, following an alleged drone attack against Maduro, a further crackdown on opposition leaders ensued.[2] In the meantime, a report by the International Monetary Fund estimated a 1,370,000 percent inflation by the end of the year,[3] while the United Nations (UN) High Commissioner for Refugees reported that 1.5 million Venezuelans had left the country since the beginning of the crisis and the number of asylum applications had spiked.[4]
The year 2019 started with the official inauguration of Maduro’s second term as President of Venezuela, on 10 January. On 23 January, however, Mr Juan Guaidó, President of the National Assembly (the Venezuelan Parliament) and leader of the opposition,[5] declared himself interim President of Venezuela by relying on Article 233 of the Constitution, which attributes the interim presidency to the head of the National Assembly should the President become “permanently unavailable to serve”.[6] Venezuela thus plunged into political and institutional chaos.
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