Category Archives: Sources of International Law

Minister Plenipotentiary Tiriticco on the inchoate right to human dignity

NEW YORK, 71st GENERAL ASSEMBLY MEETING ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE, 27 OCTOBER 2016

On 27 October 2016, at the 71st General Assembly Meeting on the Report of the International Court of Justice, Minister Plenipotentiary Andrea Tiriticco, Director for International Legal Affairs at the Ministry of Foreign Affairs, reaffirmed Italy’s abidance by the international rule prohibiting the use of force in inter-State relations. In his words:

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Negotiation and Signature of the Caen Agreement on the Delimitation of Territorial Waters and Maritime Jurisdiction between Italy and France

On 13 January 2016 the French authorities arrested the Italian fishing vessel Mina with the accusation of violating French territorial waters. The Mina was arrested during fishery of the red shrimp off the Ligurian coast, between Ventimiglia and the Mentone bay, before the Balzi Rossi reef, and was released upon payment of an 8300-euro deposit. Subsequently, the French authorities expressed regret for the arrest, conceding that it ensued from a wrongful determination of the boundary and jurisdiction over the area. The case spotlighted the on-going discussion between Italy and France over the determination of their maritime boundaries and corresponding fishing rights in an area off Liguria and North of Sardinia, pending the ratification of the so-called Caen Agreement.[1] To date, Italy’s and France’s jurisdiction and fishing rights in the respective areas have been regulated de facto by the 1986 Bocche di Bonifacio Agreement[2] and the 1892 Convention on the fishing zone in the Mentone Bay.[3] More specifically, the 1892 Mentone Bay Convention has never entered into force and was negotiated as a modus vivendi providing for a cooperative ground between the countries, whilst leaving their positions legally unprejudiced. As to the Bocche di Bonifacio Agreement, it only determines French and Italian territorial waters in the Strait of Bonifacio. Though regulating the fisheries traditions and practices of French and Italian fishing vessels in a common zone West of the Strait, the Agreement fails to comprehensively establish the Parties’ maritime boundaries and fishing rights. The Caen Agreement, when in force, would thus constitute the first bilateral instrument to effectively determine the maritime boundaries between the two countries and serve as a basis to settle possible disputes.

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The Deputy Minister of Foreign Affairs, Mr Lapo Pistelli, on the third-party effects of a bilateral treaty establishing an Exclusive Economic Zone

SENATE OF THE REPUBLIC, 3rd PERMANENT COMMISSION (FOREIGN AFFAIRS – EMIGRATION), XVII LEGISLATURE, 67th MEETING, 17 FEBRUARY 2015.

On 18 January 2015, two Italian trawlers (the Jonathan of Siracusa and the Albachiara of Cagliari) were arrested by the Egyptian coast guard about 36 nautical miles far from the coast of Egypt. The timely intervention of the Italian Government brought to the release of both the two vessels and their crews (except the catch) before a full day had passed since the incident. One month later, Mr Lapo Pistelli, Deputy Minister of Foreign Affairs and International Cooperation, intervened in the Senate and, commenting upon these facts, made a statement that might be read as implicitly accepting the third-party effects of a bilateral treaty aimed at delimiting two Exclusive Economic Zones in a highly contested area. In the words of the Deputy Minister:

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A Statement of the Undersecretary of State for Defence on MUOS

SENATE OF THE REPUBLIC, XVII LEGISLATURE, 264th MEETING, 19 JUNE 2014

On 19 June 2014, the Undersecretary of State for Defence, Mr. Gioacchino Alfano, expressed the position of the Government on the project concerning the realization of the MUOS communication system in Niscemi, Sicily. The Minister of Defence had previously intervened, at that time before the Chamber of Deputies, on the same issues. In his statement, the Undersecretary highlighted that the MUOS project finds its foundation directly in the NATO treaties and subsequent agreements intervening thereon.

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The Minister of Defence Takes Position on the Storage of Nuclear Weapons on the Italian Territory and the Obligations under the Nuclear Non-Proliferation Treaty

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 175th MEETING, 17 FEBRUARY 2014.

On 17 February 2014 the Minister of Defence, Mr. Mario Mauro, reported in writing to the Chamber of Deputies on a request for information concerning the types of nuclear weapons stored in Italy, their location and the compatibility between such practice and the obligations deriving from the Nuclear Non-Proliferation Treaty to which Italy is a party. Minister Mauro stated the following:

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The Italian Position on the Ratification and the Implementation Prospects of the Protocol of the 1991 Alpine Convention in the Field of Transport

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 173rd MEETING, 13 FEBRUARY 2014.

Italy was the last among the countries concerned to ratify the Protocol on the Implementation of the 1991 Alpine Convention in the Field of Transport (Law no. 196 of 2012, deposited in Vienna on 7 February 2013) but it contextually adopted and filed an interpretative declaration which prompted the apprehension of the Austrian and German authorities as to whether this amounted to a formal reservation by Italy, and cast doubts on Italy’s real intention to implement the Protocol. Following up on the objections raised by Austria and Germany, the Undersecretary of State for infrastructures and transport, Mr. Rocco Girlanda, clarifies the Italian position on this issue in the following terms:

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The Debate in the Sixth Committee on the Obligation to Extradite or Prosecute (Aut Dedere Aut Judicare)

UN GENERAL ASSEMBLY, SIXTH COMMITTEE (LXVIII Session), DEBATE ON THE REPORT OF THE INTERNATIONAL LAW COMMISSION ON THE WORK OF ITS SIXTY-FIFTH SESSION (UN Doc. A/68/10), 4 NOVEMBER 2013.

On 4 November 2013, during the debate in the Sixth Committee of the UN General Assembly on the Report of the International Law Commission, the Italian delegate, Mr Mauro Politi, submitted the comments of his delegation on the work conducted by the ILC on the “Obligation to Extradite or Prosecute (aut dedere aut judicare)”. He stated:

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