Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction

Yan Dong, Paolo Davide Farah, Ivana Gaskova, and Carlo Vittorio Giabardo. “Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction.” Sustainability 12, no. 13 (January 2020): 5331.
Yan Dong, Paolo Davide Farah, Ivana Gaskova, and Carlo Vittorio Giabardo

Methane hydrates (hereinafter, MH), for many reasons, are widely recognized as a form of sustainable energy due to their environmentally friendly nature. MH, while burning, produce fresh water, which could in turn offer one possible solution to worldwide shortages of water. MH also maintains the capacity to change the landscape of the global energy supply. According to recent scientific evaluations, the potential global supply of MH is even higher than the total storage of traditional crude oil and conventional natural gas. However, its offshore extraction process could be linked to both catastrophic and non-catastrophic events that may contribute to global warming and climate change, cause harm to human health and life, endanger the flora and fauna, and threaten the very global environment as a whole. Therefore, from a legal viewpoint, an efficient and effective system of civil liability rules seem crucial to control the risks, and to compensate the victims to which damages may occur. This article takes into consideration China’s legal framework in assessing the risks connected to MH offshore extraction. Such a choice for examination is justified by China’s leading position for implementing the technology necessary for extracting MH. This analysis shows that China’s current legal instruments are still far from fully equipped to prevent the risks associated with the offshore extraction of MH, as well as to offer effective remedies for the victims once any damages have occurred. Therefore, more efficient measures and remedies should be considered (or even imposed) to address the specific risks of offshore methane hydrate extraction. Indeed, in the past few decades, China’s environmental protection laws and regulations have mainly focused on the environmental risks that may occur during the process of extracting conventional resources; however, they do not address methane hydrates specifically. This presents a legal challenge for environmental protection laws. The potentially catastrophic events that may occur as a result of the offshore MH extraction processes in particular present a legal challenge for environmental protection laws in China and across the globe. Thus, this article focuses on how to prevent these risks before they even occur, followed by a careful attempt to address compensation efforts for any damages caused by said catastrophes.

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Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies

Farah, Paolo Davide. “Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies.” The Journal of World Energy Law & Business, 2020.
Paolo Davide Farah

Human societies have witnessed great developments in the last couple of centuries for many reasons, including the use of energy in particular conventional energy resources such as oil and gas. Such developments have resulted in a situation where each state has been seeking to ensure the existence of sufficient and constant energy supplies that allow the functioning of its society, the constant economic growth and the protection of national security.  This has been the case where nations with great energy supplies have had the upper hand in geopolitics and in determining the market price. This is why numerous countries that lacked such energy supplies have adopted a strategy of ensuring good relations with the nations exporting conventional energy resources.  Particularly, in the last couple decades,these nations have simultaneously started investing in alternative energy sources such as nuclear and renewable energies to reduce dependency on conventional energy sources. Additionally, while some nations have succeeded in using alternative energy sources to reduce such dependency, others have failed despite the huge investments made in this context. Even worse, many nations who have a huge amount of energy reserves have witnessed the so-called resource curse as the populations of these countries did not benefit at all from the exploitation of the natural resources.  Yet, regardless of all these realities, energy is still considered as the main element that allows the development and progress of any nation, which is why the focus is on ensuring energy security by any means possible.

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The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress

Paolo D. Farah, Elena Cima (Editors), China’s Influence on Non-Trade Concerns in International Economic Law, Global Law and Sustainable Development Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp. 10–58
Paolo Davide Farah

The ongoing economic instability in several countries and regions throughout the world, along with the volatility of the market and job losses, has lead to an increase in protests that are currently reaching the highest possible levels of conflict against the so-called establishment. Additionally, the growing of political discourse and public opinion regarding the migration crisis and the global fight against terrorism are also providing momentum to some relevant segments of this variegated civil society movements which have continued to express dismay and anger towards human, social, and environmental consequences of the global expansion of world trade and of the monetary and commercial translation of all interpersonal transactions. Majority votes favoring Brexit and other political turmoil happening around European countries, in the United States, and in different parts of the world are just some of the most critical examples on how the existing systems are failing. Specifically, global governance and law with borderless globalization are to blame for the inability to find appropriate solutions to face the challenges of a constantly changing society. Unfortunately, this inability creates a risk that leaves behind an increasing part of the population who are unable to benefit from such globalization. The related fear of the people toward the risks of a world without barriers are very real and concrete. Additionally, the proposed solutions to face these problems are certainly influenced by the negative visions on globalization and liberalism, which neglect to take into account the positive effects of the free trade and liberalization of the markets. For example, more and more political leaders are trying to use this discontent among the society for obtaining an easy consensus, without truly having a real program to improve the life of the people. More importantly, without endorsing the intrinsic dangers, a strong shift back towards nationalism might come to fruition in the long-term as a result. Democratic legitimacy and social justice based on human rights principles should be used as the regulatory framework to structure global expansion of economic welfare as well as WTO rules However, the difficulty and limit of this approach lies in the fact that it affirms both that human rights should guide the process of global legal integration and that the WTO should implement such process. Suggesting that WTO law guarantees respect for fundamental human rights implies a refusal to evaluate the practices of organizations such as the WTO itself and the IMF. The following section of this chapter examines the particularities of China at a crossroads between the “Right to Development” and “NTCs,” given that China still seeks to grow its economy and expand industry to bring millions of more people out of poverty. Simultaneously, it plays an essential role (together with other BRICS countries) in creating a model to “develop” sustainably, with a view towards tackling climate change, avoiding the increasing environmental risks and damages, and balancing the attractions of foreign investments with labor rights, human rights, and public health. The subsequent section titled “Non-Trade Concerns status in the WTO multilateral system” develops a non-exhaustive overview and explores the integration of NTCs in the WTO. In particular, the interplay between environment and trade25 is examined and the prospects for the new acceding Members, taking China as a case study and its accession to the WTO in 2001, the change in the attitude of the WTO DSB while ranking public health issues over trade, the relations between food security and international trade regulations, the difficult balance of the right to access essential medicines and the protection of their IPRs, the respect of other human rights in the multilateral trading system, and the relations between cultural products and public morals.

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Trade and Progress: The Case of China

Trade and Progress: The Case of China. Columbia Journal of Asian Law, Vol. 30, No. 1, 2016, pp. 51 - 112. Available at SSRN: https://ssrn.com/abstract=3020365
Paolo Davide Farah

China’s accession to the WTO is widely understood as an important step towards greater global market liberalization and integration. However, this step has been also perceived in an ambivalent way. On one hand, the global market liberalization would have never been really completed without participation of such a major player as China. On the other hand, many observers articulated concerns about China’s ability to integrate into the WTO system. In order to tackle the issues of concern, attention was paid mainly to technical issues, which were seen as a precondition for China’s successful integration into the WTO system. For this reason, topics related with market integration, such as e.g. liberalization requirements, as well as topics related with transparency and legal and administrative policies, necessary for securing of just and equitable resolution of commercial and trade disputes, were initially addressed. Still, in the light of the changing and evolving geopolitical climate, it has become more evident that Non-Trade Concerns (NTCs) might be another multifaceted topic requiring special attention. EU and US, becoming increasingly aware of the fact that competition of economies with different level of development might result not only in job losses in developed countries due to relocation of production, but also to general deterioration of environmental, social and health standards, have accentuated the importance of a global consensus on NTCs and their inclusion into EU and US external policies concerning foreign trade and investment. Civil society from the developed world, in general, is afraid that further liberalization may endanger public policies at different levels: environmental protection and sustainable development, good governance, cultural rights, labor rights, public health, social welfare, national security, food security, access to knowledge, consumer protection, and animal welfare. On the other hand, coalition consisting of China and other BRICS countries as well as other developing countries gaining more influence in the WTO and other international fora has been able to articulate discontent with measures adopted by developed countries to address NTCs. The clash between interests of developed and developing countries reveals potential unfairness and inconsistencies of the international system, including the international trade system, which needs to undergo a deep reform to integrate the developing countries’ needs. Many of the measures that developed countries introduce to address NTCs were received by developing countries with suspicion, resistance, and even hostility. Developing countries, including China, doubt the authenticity of such considerations and think they might actually hide protectionist purposes. Additionally, developing countries see these measures as an indirect form of western imperialism whereby they will have no choice but to comply with the social, ethical, and cultural values of the developed states. Nonetheless, not only has China undergone serious reforms and adopted new regulations to address the issue of NTCs, but the country has even begun to play an important role in the international negotiations on NTCs—such as those on climate change, energy, culture, and so on. However, at the same time it provides an opportunity for China and other developing countries to defend their interests in a constructive dialogue with developed countries and restructure the system in order to find a necessary balance between globalization and sustainable development or to shape it according to their interests.

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WTO and Renewable Energy: Lessons from the Case Law

49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116
Paolo Davide Farah
Elena Cima

This contribution illustrates some unresolved issues and tensions that characterize the way the WTO deals with renewable energy subsidies. Indeed, the indisputable urgency to address the negative impacts of climate change on the one hand, and the use of subsidies to boost and support a country’s renewable energy sector on the other, provide momentum to better define the legal framework offered by the World Trade Organization (WTO). It is fundamental to ascertain whether the current framework represents an adequate model to address renewable energy subsidies, or whether a more flexible interpretation of WTO Agreements toward sustainable development and the protection of the environment should be adopted instead. In view of that, this paper carefully investigates the evolution of the WTO subsidies disciplines, focusing in particular on the approach of the WTO towards renewable energy subsidies. This article is divided in three sections. The first one offers an overview of WTO disputes involving subsidies in the renewable energy sector, the second one focuses on the recent decisions in the Canada – Renewable Energy and Canada – Feed-in Tariff Program disputes and on some important issues they raise, while in the last one we draw our conclusions.

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Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction

Yan Dong, Paolo Davide Farah, Ivana Gaskova, and Carlo Vittorio Giabardo. “Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction.” Sustainability 12, no. 13 (January 2020): 5331.

Methane hydrates (hereinafter, MH), for many reasons, are widely recognized as a form of sustainable energy due to their environmentally friendly nature. MH, while burning, produce fresh water, which could in turn offer one possible solution to worldwide shortages of water. MH also maintains the capacity to change the landscape of the global energy supply. According to recent scientific evaluations, the potential global supply of MH is even higher than the total storage of traditional crude oil and conventional natural gas. However, its offshore extraction process could be linked to both catastrophic and non-catastrophic events that may contribute to global warming and climate change, cause harm to human health and life, endanger the flora and fauna, and threaten the very global environment as a whole. Therefore, from a legal viewpoint, an efficient and effective system of civil liability rules seem crucial to control the risks, and to compensate the victims to which damages may occur. This article takes into consideration China’s legal framework in assessing the risks connected to MH offshore extraction. Such a choice for examination is justified by China’s leading position for implementing the technology necessary for extracting MH. This analysis shows that China’s current legal instruments are still far from fully equipped to prevent the risks associated with the offshore extraction of MH, as well as to offer effective remedies for the victims once any damages have occurred. Therefore, more efficient measures and remedies should be considered (or even imposed) to address the specific risks of offshore methane hydrate extraction. Indeed, in the past few decades, China’s environmental protection laws and regulations have mainly focused on the environmental risks that may occur during the process of extracting conventional resources; however, they do not address methane hydrates specifically. This presents a legal challenge for environmental protection laws. The potentially catastrophic events that may occur as a result of the offshore MH extraction processes in particular present a legal challenge for environmental protection laws in China and across the globe. Thus, this article focuses on how to prevent these risks before they even occur, followed by a careful attempt to address compensation efforts for any damages caused by said catastrophes.

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Belarusian Ostrovets nuclear power plant: the challenge of cross-border negotiations to balance economic development and environmental protection

Abashidze, Aslan Khuseinovich, Vladimir Mikhailovich Filippov, and Alexander Mikhailovich Solntsev. “Belarusian Ostrovets Nuclear Power Plant: The Challenge of Cross-Border Negotiations to Balance Economic Development and Environmental Protection†.” The Journal of World Energy Law & Business, 2020.

States have sovereign rights that allow them to construct nuclear power plants.Moreover, engaging with nuclear power generation makes possible the achievement of the Sustainable Development Goals (2016-2030) in combating climate change,paramount to the Paris Agreement’s initiatives. In the same vein, however,constructing and operating power plants pose strict dangers to both general safety of the public, and to national security. Thus, plant operations should strictly abide by the International Atomic Energy Agency (IAEA) standards and international law. As a result, it is important to consider the potential transboundary impacts of nuclear power plants and to conduct an appropriate transboundary environmental impact assessment (EIA). The article examines the construction of the Ostrovets Nuclear Power Plant by Belarus, close to the border of the Republic of Lithuania. The question in focus, however, is as follows: What international procedure can be used to coordinate issues of potentially negative transboundary impacts? Lithuania, in order to avoid the operation of the nuclear power plant, thus sought peaceful settlement of the dispute making use of the dispute resolution mechanisms based on international environmental agreements. The authors of this study show that the treaty bodies, established on the basis of international environmental agreements,provide important assistance in this matter in coordination with the IAEA. The use of these quasi-judicial means of resolving interstate disputes proves effective in pursuing a compromise between economic development and environmental protection. In the absence of such mechanisms at a universal level, one should consider utilizing such mechanisms in other regions of the world.

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Philosophy of energy and energy transition in the age of the petro-Anthropocene

Heurtebise, Jean-Yves. Philosophy of energy and energy transition in the age of the petro-Anthropocene.The Journal of World Energy Law & Business, 2020.

The purpose of this paper is to present the multidimensional issue of an “energy transition” from a philosophical, i.e. conceptual and analytical, point of view. The argument of this paper is that “energy transition” is not simply a technological and economic problem, but also an epistemological, cultural, anthropological and even metaphysical one. Energy transition does not only consist of changing the kind of energy that is produced and consumed to power our modern middle-income societies, from fossil-fuels to renewable energies. Energy transition asks us to understand what is implied in cultural and social terms by such a shift from“grey” to “green” sources of energy that does not only entail qualitative transformation, but also could imply quantitative curtailment. What will be the consequences of our necessary departure from “petromodernity”, i.e. from the mode of living that came with fossil-fuels in modern times that shape our current age of the Anthropocene? To address this question, different dimensions of the philosophy of energy will be studied: epistemological, phenomenological,anthropological, critical and metaphysical. In conclusion, we will, first, propose the notion of  a “negative energy tax” to address the problems of “energy injustice”. We will then refer to Bataille to provide an ontology of energy that can help to redefine our assumptions and expectations regarding energy spending.

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Trade in Electricity under WTO and EAEU Law: Compatibility of Two Legal Regimes

Boklan, Daria, and Belova, Olga. “Trade in Electricity under WTO and EAEU Law: Compatibility of Two Legal Regimes.” The Journal of World Energy Law & Business, 2020.

Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan,necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on July 1, 2019.  As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between member states of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.

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Legal Framework for the Interstate Cooperation on Development and Transport of Fossil Natural Resources of the Caspian Sea

Pawletta, Barbara. “Legal Framework for the Interstate Cooperation on Development and Transport of Fossil Natural Resources of the Caspian Sea” The Journal of World Energy Law & Business, 2020.

This article focuses on the regulations of the Convention on the legal status of the Caspian Sea (hereinafter as Caspian Sea Convention), which was adopted in 2018.It regulates the development and access to Caspian fossil fuel resources and protects its environment, which are important factors for the sustainable development of the region. The main finding of this paper is that the Caspian Sea Convention, having established the maritime zones, has, for the first time ever, recognized the territorial sovereignty of the individual riparian states in the Caspian Sea and defined its territorial scope. After presenting to the riparian states' their rights and obligations within the newly defined maritime zones, the paper analyzes the new legal framework for the development and use of the natural resources of the Caspian Sea. It also elaborates on the new legal regime for the transportation of resources by means of vessels and submarine pipelines.

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Governing the Transboundary Risks of Offshore Methane Hydrate Exploration in the Seabed and Ocean Floor—an Analysis on International Provisions and Chinese Law

Yan, Dong, Paolo Davide Farah, Tivadar Ötvös, and Ivana Gaskova. “Governing the Transboundary Risks of Offshore Methane Hydrate Exploration in the Seabed and Ocean Floor—an Analysis on International Provisions and Chinese Law.” The Journal of World Energy Law & Business, 2020.

Considering the fact that its existence is abundant while maintaining the ability to generate freshwater while burning, methane hydrates have been classified as sources of sustainable energy. China currently maintains an international role in developing technology meant to explore offshore methane hydrates buried under the mud of the seabed, their primary laboratory being the South China Sea.However, such a process does not come without its hazards and fatal consequences ranging from the destruction of the flora and fauna, the general environment, and – the greatest hazard of all – the cost of human life. The United Nations Convention on the Law of the Sea (hereinafter ‘UNCLOS’), being an important international legal regime and instrument, has assigned damage control during the exploration of methane hydrates as being the responsibilities, and liability, of individual sovereign states and corporations. China adopted the Deep Seabed Mining Law (hereinafter the DSMLaw) on 26 February 2016, which came into force on the 1 of May 2016, a regulation providing the legal framework also for the Chinese government’s role in methane hydrate exploratory activities. This article examines the role of the DSM Law and its provisions, as well as several international documents intended to prevent transboundary environmental harm from arising as a result of offshore methane hydrate extraction. Despite the obvious risk of harm to the environment as a result of such activities, the DSM Law has made great strides in regulating exploratory activities so as to meet the criteria of the UNCLOS. However, this article argues that neither the UNCLOS nor the DSM Law are adequately prepared to address transboundary harm triggered by the exploitation of offshore methane hydrates. In particular, the technology of such extractionis still at an experimental stage, and potential risks remain uncertain – and even untraceable - for cross-jurisdictional claims. The article intends to seek available legal instruments, or models, to overhaul the incapacity within the current governing framework, and offers suggestions supporting national and international legislative efforts towards protecting the environment during methane hydrate extraction.

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Trade in Clean Energy Technologies: Sliding from Protection to Protectionism through Obligations for Technology Transfer in Climate Change Law, or Vice Versa?

Koskina, Anthi, Farah, Paolo Davide and Ibrahim, Imad Antoine. “Trade in Clean Energy Technologies: Sliding from Protection to Protectionism through Obligations for Technology Transfer in Climate Change Law, or Vice Versa?” The Journal of World Energy Law & Business, 2020.

This paper focuses on the concept of energy security in assessing whether, and how,the priorities related to climate change are gradually changing. After analyzing climate change’s impact on China, conducted via an analysis of the study’s available literature and through the support of international data,this article mainly focuses on the concept of energy security, itself. Under the second section, based on the examination of China’s efforts to transition towards a low-carbon economy, the authors provide a holistic definition of energy security through the lens of three dimensions: energy supply security,energy economy, and energy ecological security. The third section, in turn,addresses the relationship between energy security and climate change. The results presented in the conclusion insist that, in order to strengthen environmental protection in China, it is crucial to reform the highly inefficient and strictly regulated national energy market. In doing so, China’s transition to a low-carbon society and economy could prove less painful, as China’s available resources offer the potential for a strengthened ecological dimension and sustained socio-economic development.

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China’s Energy Policies and Strategies for Climate Change and Energy Security

Haifeng Deng, and Farah, Paolo Davide . “China’s Energy Policies and Strategies for Climate Change and Energy Security.” The Journal of World Energy Law & Business, 2020.

National energy security, parallel with the ultimate goal of emissions reductions, is of utmost priority for the Chinese government. In order to comply with the requirements set by the Kyoto Protocol, the Chinese government announced, on November 25, 2009, that 2020’s CO2 emissions would be reduced by 40%-45% in accordance with the data collected from 2005. Said goal was met three years ahead of schedule. Even in light of such an accomplishment, however, commentators suggest that the overall nationally determined contributions (NDCs) made by the Parties belonging to the Paris agreement are not enough to reduce global warming by even 2°C.

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Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies

Farah, Paolo Davide. “Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies.” The Journal of World Energy Law & Business, 2020.

Human societies have witnessed great developments in the last couple of centuries for many reasons, including the use of energy in particular conventional energy resources such as oil and gas. Such developments have resulted in a situation where each state has been seeking to ensure the existence of sufficient and constant energy supplies that allow the functioning of its society, the constant economic growth and the protection of national security.  This has been the case where nations with great energy supplies have had the upper hand in geopolitics and in determining the market price. This is why numerous countries that lacked such energy supplies have adopted a strategy of ensuring good relations with the nations exporting conventional energy resources.  Particularly, in the last couple decades,these nations have simultaneously started investing in alternative energy sources such as nuclear and renewable energies to reduce dependency on conventional energy sources. Additionally, while some nations have succeeded in using alternative energy sources to reduce such dependency, others have failed despite the huge investments made in this context. Even worse, many nations who have a huge amount of energy reserves have witnessed the so-called resource curse as the populations of these countries did not benefit at all from the exploitation of the natural resources.  Yet, regardless of all these realities, energy is still considered as the main element that allows the development and progress of any nation, which is why the focus is on ensuring energy security by any means possible.

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Business and Human Rights in Europe: International Law Challenges (Foreword)

Paolo Davide Farah, Foreword to Angelica Bonfanti, Business and Human Rights in Europe: International Law Challenges, gLAWcal Book Series Transnational Law and Governance Series, Routledge Publishing (New-York/London), ISBN 9781138484672, 2018, pp. XIV - XXI. Available at SSRN: https://ssrn.com/abstract=3263766

This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE’s Members) should implement all possible actions to protect individuals’ dignity, along with other important sustainable community priorities such as public health, sustainable development and the protection of the environment, social values, and fundamental freedoms. At the same time the regulations and practices should be able to build-up an appropriate business environment that is sufficiently friendly to corporate activity to permit companies to produce growth and create new job opportunities, without affecting any of the individual substantial rights and liberties. The book contains chapters providing an overview and comparison of different existing practices with constructive suggestions for future policy-making, as well as chapters dealing with more specific issues related to business and human rights. Overall, this book attempts not only to summarize the outcomes of the most intensely debated challenges; it also tries to provide constructive criticism and valuable suggestions for the future for policymakers and legislators to move forward. Business and human rights hold many complex and intricate relations, as well as the interests of subjects who do not have an equal social and legal position. All these diverging values and opposing concerns require a very delicate and diplomatic approach in order to bring clarity and binding security for all the involved stakeholders. Nevertheless, the future outlook of the field looks promising, mainly due to the large amount of documents, frameworks, opinions, and bilateral agreements, but also thanks to the incessant and sometimes constructively obstinate activity of institutions, and national and international courts. This book has the potential to also be one of the sources for fostering incremental positive development in order to consolidate more human conditions and values in the global economy, free-trade and business, which should be primarily for humans. Not only for the privileged ones, but for all human beings.

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Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships?

Farah, Paolo Davide and Otvos, Tivadar, Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships? (June 26, 2018). Competition Law in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships?; Arizona State Law Journal, Vol. 50, No. 2, 2018, pp. 49. Available at SSRN: https://ssrn.com/abstract=3227777

At first sight the potential discrepancy between competitive behavior of market participants, trade rules and the basic notion of sustainable development may seem to be of a negligible importance. However, during the interactions of market processes with sustainability goals through various levels of support, provided by public or private entities problems arise, even more so in the light of the commitments of the Paris Agreement, the United Nations Sustainable Development Goals (SDGs) and corporate social responsibility principles. This Article aims to address the most obvious overlappings between these areas under the coverage of legal provisions regulating the grant of state aid, subsidies and policies related to mutual cooperation of private subjects towards achieving sustainability. The purpose is to draw conclusions regarding the criteria taken into consideration during the evaluation of competition distorting behaviors in case of environmental and sustainable energy state aid, subsidy- and contract-based cooperation and coalitions among private entities.

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European Union and Non-Trade Concerns in the World Trading System

Farah, Paolo Davide, L'Unione Europea e i Valori Non Commerciali nel Sistema Globale degli Scambi (European Union and Non-Trade Concerns in the World Trading System) (January 28, 2018). in Louis Godart and Sandro Gozi (edited), CITTADINANZA EUROPEA E DIRITTI UMANI (European Citizenship and Human Rights), Pubblicazioni del Sottosegrerio di Stato alla Presidenza del Consiglio dei Ministri del Governo Italiano (Publications of the Presidency of Council of Ministries of Italy). Available at SSRN: https://ssrn.com/abstract=3226463

The adverse position and protests of civil society on economic globalization from the Seattle movement against the World Trade Organization Ministerial Conference in 1999 to Occupy Wall Street have been primarily fueled by the concerns for the negative consequences and effects that globalization might have, amongst the others, on environmental protection and labor rights. To let the international community better understand that economic liberalization is not merely aimed at ‘pure’ economic growth, it is necessary to take as a model that should be applied on a global scale the integration process of the European Union (EU). Since the establishment of the European Economic Community the four freedom of the Internal Market (people, services, capital and goods) have been essential to reach this objective. The EU is relying on the flexibility offered by the Art. XX of GATT 1994, and broadly the WTO framework to include under its trade policy what has been referred as Non-trade concerns (NTCs). NTCs seek to balance the excess that, a globalization too much focused on economic growth have created. The Regulation EU 995/2010, known as “EU-Timber Regulation” is a leading example of this approach. EUTR, in fact, prohibits the placing and use on the internal market of timber and timber products that come from illegal activities. The aim of the regulation is to enhance trough market restrictions environmental protection, the sustainable use of resources in the EU and abroad. Another example of this approach is the Free Trade Agreement ratified in 2015 with South Korea. The EU-South Korea FTA under its chapter 13 titled “Trade and Sustainable Development” calls for the protection of the environment and of labor rights. Further, the FTA explicitly refers to the discipline of the International Labor Organization (Article 13.4) and to the United Nations Framework Convention on Climate Change (Article 13.5). The EU should keep following this path to make clear its intention to distinguish between a globalization without a soul and a globalization that increase standard of living, quality of life and environmental protection. Economic sustainability and the inclusion of NTCs should be, therefore, founding values for the EU institutions and citizens.

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Meritocracy: a key factor for political ascent in post-Maoist China?

La meritocracia: ¿un factor clave para el ascenso político en la China post-maoísta? (“Meritocracy: a key factor for political ascent in post-Maoist China?”). (2017). Jiexi Zhongguo, (25)

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An approximation to the Asian Infrastructure Investment Bank from the perspective of the Chinese foreign policy

Una aproximación al Banco Asiático de Inversión en Infraestructuras desde la óptica de la política exterior china (“An approximation to the Asian Infrastructure Investment Bank from the perspective of the Chinese foreign policy”). (2016). Jiexi Zhongguo, (21).

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Sino-North Korean relations: between detachment and understanding

Relaciones sino-norcoreanas: entre el distanciamiento y el entendimiento (“Sino-North Korean relations: between detachment and understanding”). (2016). Jiexi Zhongguo, (20).

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Chinese Perspective of International Law

Farah, Paolo Davide, La Perspectiva China del Derecho Internacional (Chinese Perspective of International Law) (December 1, 2017). Spanish Journal of International Law, Volume 70/1, January - June 2018, pp. 227-234. Available at SSRN: https://ssrn.com/abstract=3174074

China joined the international community of the United Nations (UN) shortly after the establishment of the organization in 1945. Even though China was to a certain extent treated as an international pariah in the turbulent times following the civil war won by the Mao Ze Dong and the Communist Party, significant success was marked in 1971 when – already as the People's Republic of China – it was awarded a permanent seat in the UN Security Council, originally held by Taiwan. This step might be also interpreted as the international community's tacit approval of One China policy. From the very beginning, China followed a pragmatic approach to its membership in the Security Council in particular and UN in general, considering its personal interests and building coalitions, especially between the countries of global South. As China's economy has grown, the country has also taken over a more active and assertive role in UN. When talking about the Chinese perspective of international law, it is firstly necessary to clarify the Chinese perception of law in general, and the paper will make a brief overview. Additionally, China's accession to the WTO has been an important milestone not only for China, but also for the international community and global economy. China's accession made the WTO a truly worldwide organization. The differences between respective members of the WTO from various regions of the world concern also the values they promote and this paper will focus on Non-Trade Concerns. For instance, China has a different perception of human rights than the Western countries. Moreover, China has demonstrated its willingness to assume responsibility and to foster international action to combat climate change.

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EU Energy Cooperation and Natural Gas in the Levant Basin: Assessing the Role of the Mediterranean Energy Regulators' Association

Farah, Paolo Davide and Tremolada, Riccardo, La cooperazione energetica dell’Unione Europea e il Gas Naturale nel Bacino di Levante: Quale Ruolo per l’Associazione delle Autorità dell’Energia del Mediterraneo (MedReg)? (EU Energy Cooperation and Natural Gas in the Levant Basin: Assessing the Role of the Mediterranean Energy Regulators' Association) (October 1, 2017). Diritto Comunitario e degli Scambi Internazionali (Community Law and International Trade), 4/2017, pp. 671 - 700 .

The natural gas present in the Levant Basin is an energy source of primary importance not only for the states bordering the eastern Mediterranean Sea, but for the European Union as well. Nevertheless, natural gas in this stretch of sea has so far been scarcely exploited, mainly because of the geopolitical tensions that have affected the region for at least a century. Against this context, the present contribution analyzes the normative and regulatory trends among the countries situated to the west of the Levant Basin and the European Union, closely examining the current and potential role played by MedReg, the Association of Mediterranean Energy Regulators, to evaluate the adequacy of current methods of cooperation in energy exchanges.

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The military intervention in the territory of the Autonomous Republic of Crimea: International Law Perspective

ŠVEC, Martin. The military intervention in the territory of the Autonomous Republic of Crimea: International Law Perspective. Vojenské obsazení autonomní republiky Krym z pohledu mezinárodního práva. Bulletin Centra pro lidská práva a demokratizaci, Centrum pro lidská práva a demokratizaci o.s., 2014. ISSN 1804-2392.

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The Legal Regime Governing the Use of Force in the Fight against Non-state actor: East Ukraine 2015

ŠVEC, Martin. The Legal Regime Governing the Use of Force in the Fight against Non-state actor: East Ukraine 2015. In Tereza Kyselovská, Vojtěch Kadlubiec, Jan Provazník, Nelly Springinsfeldová, Alica Virdzeková. Cofola 2015: Conference Proceedings. Brno: Masaryk University, 2015. p. 131-146, 16 pp. ISBN 978-80-210-7976-2.

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International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements

ŠVEC, Martin. International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements. In Klára Drličková. Cofola International 2015: Current Challenges to Resolution of International (Cross-border) Disputes: Conference Proceedings. Brno: Masaryk University, 2015. p. 206-218, 13 pp. ISBN 978-80-210-8020-1.

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The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case

ŠVEC, Martin. The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case. In Klára Drličková, Tereza Kyselovská. Cofola International 2016: Resolution of International Disputes and Public Law in the Context of Immigration Crisis: Conference Proceedings. 1st edition. Brno, 2016. p. 237-488. ISBN 978-80-210-8356-1.

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The Role of Gas Storage in European and National Energy Policy: Security of Gas Supply

ŠVEC, Martin. The Role of Gas Storage in European and National Energy Policy: Security of Gas Supply. In Jiří Franěk. Participants’ reviewed papers from 18th International Conference MEKON 2016, February 3-4. Ostrava: Vysoká škola báňská – Technická univerzita Ostrava, Faculty of Economics, 2016. p. 281-289, 9 pp. ISBN 978-80-248-3899-1.

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Investment Protection of Energy Projects in the European Union

ŠVEC, Martin. Investment Protection of Energy Projects in the European Union. In Participants’ reviewed papers from 19th International Conference MEKON 2017. Ostrava: Vysoká škola báňská – Technická univerzita Ostrava, Faculty of Economics, 2017. p. 234-243, 10 pp. ISBN 978-80-248-4034-5.

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Chapter 10: Czech Republic

RADVAN, Michal and ŠVEC, Martin. Chapter 10: Czech Republic. In Michael Lang et al (eds.). The Impact of Bilateral Investment Treaties on Taxation. 1. vyd. Amsterdam: IBFD, 2017. p. 257-282, 26 pp. WU Series, vol. 8. ISBN 978-90-8722-431-8.

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Reinforcing Energy Governance under the EU Energy Diplomacy: A Proposal for Strengthening Energy Frameworks in Africa.

ŠVEC, Martin and BARRA, Matteo. Reinforcing Energy Governance under the EU Energy Diplomacy: A Proposal for Strengthening Energy Frameworks in Africa. European Journal of Risk Regulation. Cambridge University Press. (forthcoming 2018).

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Rights, Obligations and Responsibilities of the Arbitrator

Bestagno, Francesco. “Diritti, Doveri e Responsabilità Degli Arbitri.” BREVIARIA IURIS, 2010, 751–766.

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Globalisation and Underdevelopment

"Globalizzazione e sottosviluppo" (Globalisation and Underdevelopment), in Globalizzazione e mobilità geografica (Proceedings of the meeting held in Vercelli, June 2001), ed. C. Brusa, Memorie della Società Geografica Italiana, Roma , 2002

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Urban development in Italy in the age of the flexible and globalistic capitalism

"Lo sviluppo urbano nell'Italia del capitalismo flessibile e globalistico" (Urban development in Italy in the age of the flexible and globalistic capitalism), report to 28th Ital. Geogr. Congr. with the collaboration of R. Afferni, S. Cerutti and M.Gibin, in Atti XXVIII Congresso Geografico Italiano, vol. I, Roma 18-22 Giugno 2000, Edigeo , Printed by Abilgraph 2003, pp.393-432

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Towards sustainable tourism in Italy

"Towards sustainable tourism in Italy", in Geo-Italy 4: Geographies of Diversity - Italian Perspectives, C.N.R. - Italian Committee for International Geograpghical Italiana and Soc. Geogr. Ital., Roma, 2000, 323-337.

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Geopolitics and geoeconomics: from colonialism to globalism

"Geopolitics and geoeconomics: from colonialism to globalism", International Conference on F. Ratzel , Trieste 1998, Roma, Societa’ Geografica Italiana, Memorie, 2001; and “Geopolitica e Geoeconomia. Dal Colonialismo al Globalismo, in Bollettino della Società Geografica Italiana, n.4, Oct.-Dez. 2001.

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Cultural Heritage and local economic development

"Patrimonio cultural y desarrollo economico local" (Cultural Heritage and local economic development), in Jornadas de Patrimonio, Gobierno de Aragon, Zaragoza, 11-13rd May 1998; and in italian “Patrimonio culturale e sviluppo economico locale”, in Boll. Soc. Geogr. Ital., n. 4, 1999.

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Eastern Asia in the global development

"L’Oriente asiatico nello sviluppo mondiale" (Eastern Asia in the global development), in M.T. Di Maggio Alleruzzo, (Ed.), L'Oriente asiatico nello scenario del terzo millennio, Roma, Soc. Geogr. Ital. ,Memorie vol.LX,, , 1999, pp.179-197

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Development Models and Experiences of Manufacturing SMEs in Italy

“Development Models and Experiences of Manufacturing SMEs in Italy” , Working Papers n.9, DIT- Dipartimento Interateneo Territorio, Università e Politecnico di Torino, 1999 : Final Report of Italian Research Team, EU ACE Phare Project on The survival. Growth and Support Needs of Manufaturing SMEs in Poland and the Baltic States: Developing a Policy Agenda, coord. by D. Smallbone, Middlesex University, London,1996 (Editor)

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Collaboration as a route to SME competitiveness

“Collaboration as a route to SME competitiveness”, paper presented to the I Workshop of the EU ACE Phare project on “The Survival, Growth and Support Needs of Manufacturing SMEs in Poland and the Baltic States: Developing a Policy Agenda, coord. by D. Smallbone of Middlesex University, held at Lodz University , on 14th December 1995, in Working Papers n.9, DIT- Dipartimento Interateneo Territorio, Università e Politecnico di Torino, 1999, and in Competizione globale e sviluppo locale tra etica e innovazione, Milano, Giuffré Editore, 2003 , Tomo I, pp. 65-82

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Italian contribution to the sustainable development of Latin America: state, potentiality, perspective

"Il contributo italiano allo sviluppo sostenibile dell'America Latina: stato, potenzialità, scenari" (Italian contribution to the sustainable development of Latin America: state, potentiality, perspective), Atti del Convegno Internaz: di Studi "Il sistema socio-economico dell'America Latina: Il contributo degli Italiani, edited by AGeI and CICS EULA, Catania, 3rd-5th may 1993.

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Environment and Mediterranean regional cooperation

"Ambiente e cooperazione regionale mediterranea" (Environment and Mediterranean regional cooperation) , in P. Brandis e G. Scanu (Eds.), La Sardegna nel Mondo Mediterraneo”, Sassari, Università degli Studi di Sassari, aprile 1993, Bologna, Patron, 1995, vol.10, pp.27-56.

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The industrial district and Italian development

"El districto industrial y el desarrollo italiano" (The industrial district and Italian development) , I Seminario Venezolano de Gerencia: La PyME en el umbral del siglo XXI, Caracas, ASOPYME, marzo 1993.

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Neoprotectionism and the geography of the world market

“Neoprotectionism and the geography of the world market”, in David L. HUFF (Ed.), International Dimensions of Commercial Systems, International Symposium, International Geographical Union - Commission: Geography of Commercial Activities, Austin, Texas, July 1992; and "Neoprotezionismo e regionalizzazione del mercato mondiale" , in Economia Marche, a.XI, n. 2, agosto 1992.

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An Environment and Development Geography for the I.E.F. action

"An Environment and Development Geography for the I.E.F. action", contribution to the 27th International Geographical Congress, Washington, August 1992, in the Proceedings of the Congress and in “La Sardegna nel mondo mediterraneo”, Bologna Patron, 1995.

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For the protection of our common earth and for human progress: The International Environment Fund

“For the protection of our common earth and for human progress: The International Environment Fund (I.E.F.), paper given to a Working Group of the European Parliament for the UN Conference on Environment and Development of Rio de Janeiro, 1992.

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Integration and regionalization of the world market

"Integrazione e regionalizzazione del mercato mondiale" (Integration and regionalization of the world market), in Le barriere non tariffarie e tutela del consumatore, edited by O. Calliano, Rome, Istituto per il Commercio Estero (ICE), 1992.

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A world eco-fund for the regulation of the international environmental system

"A world eco-fund for the regulation of the international environmental system", in United Nations Workshop on Creative Financing for Environmentally Sound Technologies, Belèm do Parà(Brazil) 2nd-7th December 1990, New York, United Nations Centre for Science and Technology for Development (UNCSTD), Document 21, Group F.

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Local resources and development

"Risorse e sviluppo" (Local resources and development), in A.Ge.I, Atti del XXV Congresso...,ib., Catania, 1989, vol. I, Sezione Quarta, pp. 193-197.

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Development Aid: The case of Etiopia

La cooperazione allo sviluppo. Il caso dell’Etiopia (Tavola Rotonda – Ancona 16-9-1987)”, in Educazione allo Sviluppo e alla Pace. Progetto pilota per le scuole secondarie superiori 1986/88, ed. by Provincia di Ancona, Unicef and Provveditorato agli Studi di Ancona , Roma, Edizioni CISD, 1988, pp.249-275 (co-ordination and interventions)

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Reading and bibliographic guide to the economic development problems

Antologia e guida bibliografica sui problemi dello sviluppo economico (Reading and bibliographic guide to the economic development problems) (given in the Seminar on "Development and Underdevelopment", held in Senigallia, 10th - 16th September 1987, in the sphere of the "Progetto pilota per l'educazione allo sviluppo e alla pace" promoted by Provincia di Ancona-Unicef-Provveditorato agli Studi di Ancona), Ancona, Dip.to di Economia - University of Ancona, July 1987 (introduction to the work and coordination).

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The values of the environment in present capitalist transition: the role of geography

"I valori ambientali nella transizione: quale ruolo per la geografia?" (The values of the environment in present capitalist transition: the role of geography), Round Table in the 25th Italian Geographical Congress (Torino, 26th - 31st May 1986), in Geothema 4: Tavole Rotonde e Seminari, Bologna, Patron ed., 1988 (introductory lecture and coordination of the Round Table).

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The Urban Crisis in Italy

"The Urban Crisis in Italy", in G. Heinritz & E. Lichtenberger (Eds), The take-off of suburbia and the crisis of the central city, Proceedings of the international symposium in Munich and Vienna 1984, Stuttgart, Steiner V., 1986,pp. 207-227.

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The need for a new international order

"A necessidade de uma nova ordem internacional" (The need for a new international order), Lecture to the Round Table "A America Latina e a perspectiva de uma nova ordem internacional", Conferencia Regional Latino-Americana, International Geographical Union, Rio de Janeiro, Fundaçao I.B.G.E., 1982.

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The underdevelopment problem

"La problematica del sottosviluppo" (The underdevelopment problem), in La ricerca geografica in Italia 1960-1980, edited by the A.Ge.I., Varese, Ask Ed., 1980, pp. 749-761.

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How to enter the market and do business in a fast industrialising country: the case of Brazil

“Come introdursi ed operare in un paese a rapido sviluppo industriale. Il caso del Brasile”(How to enter the market and do business in a fast industrialising country: the case of Brazil) , lecture to the group of work no.7 of III Workshop sulle piccole e medie imprese:"Rafforzare le piccole e medie imprese italiane nella competizione internazionale", Gardone Riviera, 20-21 giugno 1980, organized by the Fondazione G. Agnelli with the Agenzia Industriale Italiana, Torino, 1980 (also in Il Piccolo, Trieste, 22.6.1980).

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North-East Brazil in the process of national and international integration

"Il Nordeste brasiliano nel processo d'integrazione nazionale ed internazionale" (North-East Brazil in the process of national and international integration), in Bollettino della Società Geografica Italiana, 1980, nn. 7-9, pp. 257-289.

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Regional development, social and residential mobility: examples from Piedmont

"Sviluppo regionale, mobilità sociale e residenziale, con riferimento al caso piemontese" (Regional development, social and residential mobility: examples from Piedmont), in Rivista Geografica Italiana, n. 1, march 1979, 3-29.

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The position of Austria in global trade and geo-economics

"La position géo-économique et commercial de l'Autriche" (The position of Austria in global trade and geo-economics), in Austriaca, Cahiers du Centre d'Etudes Autrichiennes, University of Rouen, n. 6, 1976, pp. 19-44.

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Some problems of the retail reorganization and development policy in Italy

"Quelques problèmes de la politique de rèorganisation et de dèveloppement du commerce de detail en Italie"( Some problems of the retail reorganization and development policy in Italy), in Actes du colloque international de géographie: "Urbanisme commercial et rénovation urbaine", edited by the University of Liege and of the Commission of Applied Geography of the International Geographical Union., Liege 8th - 13th Sept. 1975, pp. 9-22.

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The importance of labour power in a theory territorial human organization

"Il 'valore' della forza-lavoro quale fondamento di una teoria dell'organizzazione umana del territorio: alcune ipotesi" (The importance of labour power in a theory territorial human organization), in Colloquio sulle basi teoriche della ricerca geografica(Dejoz, Valle d'Aosta, 11th - 12th October 1974), Torino, G.Giappichelli Ed., 1975, pp. 39-45.

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Regional Inequalities and Spatial Patterns of Planned Development in a problem-region: the Brazilian North-East

"Squilibri regionali e direttrici territoriali dello sviluppo pianificato in una regione-problema: il Nordeste brasiliano"(Regional Inequalities and Spatial Patterns of Planned Development in a problem-region: the Brazilian North-East) , in Atti della Tavola Rotonda di Geografia applicata sul tema: "Poli, Assi e Aree di sviluppo economico con particolare riguardo alle regioni sottosviluppate", Rome, 22nd-23rd May 1972, Società Geografica Italiana, pp. 111-130.

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Anthrogeographical notes on Yanoàma

"Note antropogeografiche sugli Yanoàma" (Anthrogeographical notes on Yanoàma), in Annali di Ricerca e Studi di Geografia, XXV, n. 1, 1969, 28 p.

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Recent demographic variations and their influences in the agglomeration of Turin

"Recenti variazioni demografiche e loro riflessi nell'agglomerazione torinese" (Recent demographic variations and their influences in the agglomeration of Turin), in Cronache Economiche of the C.C.I.A.A. of Torino, n. 316, 1969, abstr. 8 p. (paper presented at the 21th International Geographical Congress, New Dehli 1968).

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Population

"La popolazione" (Population), in Venaria: la città ed il territorio, Torino, Lab. Geogr. Econ. "P. Gribaudi", University of Torino, 1968, abstr. 31 p.

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Local Morphology and Industrial Expansion in the Urban Area of San Paolo, Brazil

"Morfologia locale ed espansione industriale nell'area urbana di San Paolo (Brasile)"(Local Morphology and Industrial Expansion in the Urban Area of San Paolo, Brazil) , in Atti del XX Congresso Geografico Italiano, Rome, 29th March-3rd April 1967, abstr. 9 p.

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The Case VLK and the Case Križan of the Court of Justice of the European Union

Der Fall VLK (EuGH, Lesoochranárske združenie VLK vs. Ministerstvo životného prostredia Slovenskej republiky, C-240/09 vom 8. März 2011) sowie der Fall Križan (EuGH, Križan und koll. vs. Slovenská inšpekcia životného prostredia, C-416/10 vom 15. Januar 2013) (The Case VLK and the Case Križan of the Court of Justice of the European Union), ZEITSCHRIFT OSTEUROPA-RECHT 1/2016, pp. 126-132

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Decision of the Constitutional Court of the Slovak Republic of December 1st, 2015, ÚS 90/2015-40

Das Urteil des Verfassungsgerichts vom 1. Dezember 2015, AZ: III. ÚS 90/2015-40 (Decision of the Constitutional Court of the Slovak Republic of December 1st, 2015, ÚS 90/2015-40), ZEITSCHRIFT OSTEUROPA-RECHT 3/2016, pp. 386-89

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Protection of Refugees under Art.3 and 5 of the Convention

Der Flüchtlingsschutz im Lichte der Art.3 und 5 der EMRK (Protection of Refugees under Art.3 and 5 of the Convention), ZEITSCHRIFT OSTEUROPA-RECHT 3/2016, pp. 392-95

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2016 Environmental Law of the Slovak Republic

2016 Environmental Law of the Slovak Republic (with Prof. K.W. Junker), COMPARATIVE ENVIRONMENTAL LAW AND REGULATION, Chapter 46A, pp. 1-38 (Nicholas A. Robinson, Elizabeth Burleson and Lin-Heng Lye eds., Thomson Reuters)

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The Risk of Absconding under Art.28 of the Dublin-III-Regulation

Die Fluchtgefahr i. S. v. Art. 28 Dublin-III-Verordnung (The Risk of Absconding under Art.28 of the Dublin-III-Regulation), ZEITSCHRIFT OSTEUROPA-RECHT 2/2017, pp. 241-244

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Public Participation Rights in Environmental Matters at EU Level: Access to Information

Beteiligungsrechte der Öffentlichkeit in Umweltangelegenheiten auf der EU-Ebene: Der Zugang zu Informationen (Public Participation Rights in Environmental Matters at EU Level: Access to Information), ZEITSCHRIFT OSTEUROPA-RECHT 2/2017, pp. 238-241

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The Habitats Directive and Public Participation Rights in Environmental Matters

Die EU-Habitat-Richtlinie und die Beteiligungsrechte der Öffentlichkeit in Umweltangelegenheiten (The Habitats Directive and Public Participation Rights in Environmental Matters), ZEITSCHRIFT OSTEUROPA-RECHT 2/2017, pp. 233-238

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Decision in the Case Navalnyj vs. Russia from February 2nd, 2017

Entscheidung in Sache Navalnyj gegen Russland vom 2. Februar 2017 (Decision in the Case Navalnyj vs. Russia from February 2nd, 2017), ZEITSCHRIFT OSTEUROPA-RECHT 3/2017, pp. 366-371

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Refugee Law in the Spotlight of the Supreme Court of the Slovak Republic

Flüchtlingsrecht im Visier des Obersten Gerichts der Slowakischen Republik (Refugee Law in the Spotlight of the Supreme Court of the Slovak Republic), ZEITSCHRIFT OSTEUROPA-RECHT 4/2017, pp. 519-522

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The State of Health and Transfer under the Dublin III Regulation

2017 Die Rolle des Gesundheitszustands bei der Überstellung nach Dublin III. Verordnung (The State of Health and Transfer under the Dublin III Regulation), ZEITSCHRIFT OSTEUROPA-RECHT 4/2017, pp. 522-525

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Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises

Letnar Cernic, Jernej, Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises (December 17, 2008). Hanse Law Review (HanseLR), Vol. 3, No. 1, September 2008.

When an individual has suffered a violation of her human rights by or involving corporations, she should have recourse to a court or quasi-judicial mechanism to enforce responsibility of perpetrator. It appears that the victims of human rights violations by or involving corporations have presently a limited access to a court either in their home country or in the country where the corporation in question is registered or, indeed, in the international arena. The present article attempts to clarify whether existing implementation procedures under the OECD Guidelines for Multinational Enterprises are effective and whether they could serve as a point of departure for enforcing human rights obligations of corporations. The OECD Guidelines for Multinational Enterprises are the only international corporate responsibility instrument that has been formally adopted by states. In this way, the OECD Member States are obliged to establish National Contact Points, which have primary responsibility to ensure the implementation of the OECD Guidelines for Multinational Enterprises at the national level. In this way, the present article argues national implementation of the OECD Guidelines remains a challenge in a number of countries. To this end, it examines a growing number of jurisprudence under the National Contact Points relates to human rights and it investigates challenges faced by a number of states regarding the implementation of the OECD Guidelines. Finally, a convincing argument can be made that these problems are all surmountable by strengthening the existing implementation system of the National Contact Points. This article lends its support to the growing trends movement arguing for more effective regulation of corporations relating to human rights at national and international levels.

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The Conundrum of the Piran Bay: Slovenia v. Croatia - The Case of Maritime Delimitation

Avbelj, Matej and Letnar Cernic, Jernej, The Conundrum of the Piran Bay: Slovenia v. Croatia - The Case of Maritime Delimitation. The University of Pennsylvania Journal of International Law & Policy, Vol. 5, No. 2, 2007. Reprinted in A. Sabitha (ed.), Marine Environment: Governance Concerns, 2009, Amicus Books, Icfai University Press, ISBN 81-314-2285-4.

Drawing borders between countries has historically been a very demanding task, often underpinned by deeply-rooted emotions that suppress the argumentative dialogue and reasoning and in too many cases has led to long-term general deterioration of relationships which may devolve into war. As the title suggests, the focal point of this paper will be a legal assessment or a legal prediction of the outcome of the maritime border delimitation dispute between Slovenia and Croatia in the northernmost part of the Adriatic Sea, namely in the Piran Bay. The paper will be structured into four parts. In the first part the authors will present the factual context of the dispute, followed by a presentation of the legal arguments that both countries have laid on the table so far. In the third hermeneutical part, these legal arguments will be applied to the factual context assessed in light of valid international law and especially the existing jurisprudence on international juridical and non-juridical bodies, including the practice of other states in similar cases. In the last part the authors will predict the outcome of the case as if they were the arbitrators or the judges of a tribunal to whom the dispute between Slovenia and Croatia will most likely eventually be referred to.

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Corporate Responsibility for Human Rights: Analyzing the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy

Letnar Cernic, Jernej, Corporate Responsibility for Human Rights: Analyzing the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (2009). Miskolc Journal of International Law, Vol. 6, No. 1. pp. 24-34, 2009.

This article analyses the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labour Organization. It argues that given the current lack of a legally binding international document on human rights obligations of corporations, the focus on work towards legally-enforceable, existing international standards must be sharpened and new standards should be drafted.

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Corporate Responsibility for Human Rights

Letnar Cernic, Jernej, Corporate Responsibility for Human Rights (June 27, 2008). Libertas Working Paper No. 1/2008.

A Review Essay on the 2008 report of the UN Special Representative of the Secretary-General on the issue of human rights and Transnational corporations and other business enterprises, Professor John Ruggie to the United Nations Human Rights Council, Protect, Respect and Remedy: a Framework for Business and Human Rights AH/HRC/8/5, 7 April 2008.

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Global Witness V. Afrimex LTD.: Decision Applying OECD Guidelines on Corporate Responsibility for Human Rights

Letnar Cernic, Jernej, Global Witness V. Afrimex LTD.: Decision Applying OECD Guidelines on Corporate Responsibility for Human Rights (January 29, 2009). ASIL Insight, Vol. 13, No. 1, January 2009.

On August 28, 2008, the United Kingdom's National Contact Point (UK-NCP) issued its decision in Global Witness v. Afrimex Ltd. In this case, Global Witness, a non-governmental organization, alleged that Afrimex Ltd. (Afrimex), a British corporation, violated the Guidelines for Multinational Enterprises of the Organization for Economic Development and Cooperation (OECD Guidelines) by paying bribes to a rebel group in the Democratic Republic of the Congo (DRC) and purchasing minerals from mines in the DRC that employ child and forced labor. This Insight analyzes this case and its importance for efforts to heighten corporate responsibility for the protection of human rights.

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Corporate Human Rights Obligations Under Stabilization Clauses

Letnar Cernic, Jernej, Corporate Human Rights Obligations Under Stabilization Clauses (February 22, 2010). German Law Journal, Vol. 11, No. 2, pp. 210-229, 2010.

Lawyers, economists and social scientists alike have for a number of years agreed that foreign investment has the potential to act as a catalyst for the enjoyment of an individual’s fundamental human rights, particularly in developing countries. This article discusses and critically analyses corporate human rights obligations and the lack thereof under stabilization clauses in foreign investment contracts. The balance of this article is devoted to exploring three main issues relating to corporate human rights obligations and stabilization clauses. First, stabilization clauses in foreign investment agreements are examined in relation to corporate obligations and responsibility for fundamental human rights. In doing so the substantive and procedural dimension of stabilization clauses is analysed. Second, using the concrete examples of the Mineral Development Agreement between Mittal Steel and the Government of Liberia Mittal Steel Agreement and of the Baku‐Tblisi‐Ceyhan Pipeline Project as case studies, this article considers an application of stabilization clauses in foreign investment contracts in relation to the fundamental human rights obligation of states and of corporations. Third, a proposal for reform in the form of a fundamental human rights clause is introduced. To be clear, the argument here is that the fundamental human rights obligations of investors, particularly of corporations, must be included in foreign investment agreements.

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Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again

van den Herik, Larissa and Letnar Cernic, Jernej, Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again (August 27, 2010). Journal of International Criminal Justice, Vol. 8, pp. 725-743, 2010.

The discussion on corporate human rights obligations has been ongoing for some time. More recently, the potential for corporate accountability under a new domain of international law, namely international criminal law, is being explored. This raises questions as to the interrelationship between and the intersection of the two fields of international law. This article argues that the intricacies of accepting corporations as duty-bearers of human rights obligations are of a quite distinct nature than those permeating the international criminal law debate. Moreover, the corporate violations at stake are to a very large extent of a different nature. It is thus argued that the discussions on corporate liability in the two fields of international law run parallel rather than directly intersecting. The debate on corporate human rights obligations may well be informed by potential future developments within international criminal law, but international criminal law is not the panacea that solves all theoretical and practical obstacles surrounding the debate on corporate human rights obligations.

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National Security and Expulsion to a Risk of Torture

Letnar Cernic, Jernej, National Security and Expulsion to a Risk of Torture (December 9, 2008). Edinburgh Law Review, Vol. 12, No. 3, pp. 486-490, September 2008.

In Saadi v Italy, the European Court of Human Rights held that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a "real risk" of torture, inhuman or degrading treatment. This article analyses the ECHR's reasoning.

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Corporate Obligations Under the Human Right to Water

Letnar Cernic, Jernej, Corporate Obligations Under the Human Right to Water (March 22, 2011). Denver Journal of International Law and Policy, Vol. 39, No. 2, pp. 303-345, Spring 2011.

Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realization of the right to water. For example, they can become violators of the right to water where their activities deny access to clean and safe water or where water prices increase without warning. Corporations can have a positive or negative impact on the human rights of individuals, wider communities and indigenous peoples. This paper argues that corporations bear a certain responsibility for the realization of the human right to water, which can be derived from international as well as national (constitutional) law. Corporate obligations under the human right to water can potentially be based on the right to water as set in national law and in the international human rights treaties and in corporate codes of conduct. It is asserted that this responsibility is different and separate from the responsibility of state governments and should never undermine state obligations to observe the human right to water. In short, the paper argues that corporations have an obligation to respect, protect and fulfil the right to water deriving primarily from national legal orders.

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Emerging Fair Trial Guarantees Before the Court of Arbitration for Sport

Letnar Cernic, Jernej, Emerging Fair Trial Guarantees Before the Court of Arbitration for Sport (September 4, 2014). EUROPEAN SOCIETY OF INTERNATIONAL LAW, 10th Anniversary Conference, Vienna, 4-6 September 2014, Conference Paper No. 9/2014.

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees can also be exercised before the Court of Arbitration for Sport. Do fair trial guarantees apply and, if not, should they apply to the sports arbitration proceedings before the CAS? If so, is the nature and scope of such fair trial guarantees broader, narrower or the same as in regular judicial proceedings? What happens when the CAS violates one of the fundamental principles of a fair trial? What are the most appropriate ways to improve the guarantee of a fair trial before the CAS? Does the monitoring jurisdiction of the Swiss Federal Tribunal suffice to guarantee procedural public policy guarantees, including fair trial guarantees? This article therefore identifies whether the procedural rules and case law of the CAS should follow all four component parts of the right to a fair trial (the right to a fair hearing, the right to an independent and impartial tribunal established by law, the right to a public hearing and the public pronouncement of judgments, and the right to a fair trial within a reasonable time). The balance of this article explores the nature, value and status of this concept through its fundamental principles developed in the jurisprudence of the European Court of Human Rights (ECtHR).

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Book Review of Jan Paulsson's Denial of Justice in International Law

Letnar Cernic, Jernej, Book Review of Jan Paulsson's Denial of Justice in International Law. Global Law Books, April 2007.

International law regarding the denial of justice has in past centuries attracted the greatest minds of international legal scholarship. Scholars such as Hugo Grotius and Charles De Visscher have discussed the concept. The last book on this subject was published by Alwyn V. Freeman in 1938. Denial of Justice in International Law by Jan Paulsson is hence an important and necessary contribution to the study of international law, since it tries to shed new light on the subject that has been neglected in past decades. This book offers an original and comprehensive approach to one of the most salient concepts of international law. It arose from the Hersch Lauterpacht memorial lectures given by the author at the Faculty of Law, University of Cambridge, in the autumn of 2003.

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National Security – A Trump Card? Combating Terrorism while Protecting Freedom of Association

Letnar Cernic, Jernej, National Security – A Trump Card? Combating Terrorism while Protecting Freedom of Association (March 6, 2010). Dignitas - Slovene Journal of Human Rights, pp 244-282; No. 51-52, Vol. 2011.

On 30 June 2009, the European Court of Human Rights delivered three decisions deriving from the situation in the Basque country, Herri Batasuna and Batasuna v. Spain, Etxeberría and Others v. Spain and Herritarren Zerrenda v. Spain. In Herri Batasuna and Batasuna v. Spain, the European Court of Human Rights upheld the dissolution of the political parties Herri Batasuna and Batasuna, whereas it held in Etxeberría and Others v. Spain and Herritarren Zerrenda v. Spain that the political groups, which wished to continue the activities of the illegal political parties, are also prohibited from presenting candidates in municipal, regional and autonomous community elections. This article will briefly explore some of the basic legal questions arising from the above decisions. It attempts to demonstrate that the Court's analysis is entirely at odds with the functioning of a democratic society, and it argues that the extreme measure of dissolution of Herri Batasuna and Batasuna, Etxeberría and Herritarren Zerrenda may have been avoided by employing less drastic and individualized measures. Despite the Court holding that the dissolution of the political parties and groups was necessary and proportionate, it may have failed to establish the factual basis and therefore also its conclusions are subjected to criticism.

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A Short Comment on the Report of the UN Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises

Letnar Cernic, Jernej, A Short Comment on the Report of the UN Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and Other Business Enterprises (October 20, 2009). Libertas Working Paper 02/2009.

A short comment on the 2009 report of the UN Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, Professor John Ruggie to the United Nations Human Rights Council, “Business and human rights: Towards operationalizing the 'protect, respect and remedy' framework” AH/HRC/8/5, April 22, 2009.

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The 2011 Update of the OECD Guidelines for Multinational Enterprises

Letnar Cernic, Jernej, The 2011 Update of the OECD Guidelines for Multinational Enterprises (March 3, 2012). American Society of International Law Insights, Vol. 16, No. 4, 2012.

This Insight describes and analyzes the 2011 Update of the OECD Guidelines for Multinational Enterprises.

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United Nations and Corporate Responsibility for Human Rights

Letnar Cernic, Jernej, United Nations and Corporate Responsibility for Human Rights (March 27, 2011). Miskolc Journal of International Law, Vol.8, No. 1, pp. 23-30, 2011.

The association of human rights with business has gained a strong foothold in international, as well as domestic, law. A great number of United Nations (UN) initiatives include a reference to corporate responsibility for human rights. This article attempts to clarify the current attempts within the United Nations to address and regulate corporate responsibility and accountability for human rights at the international level.

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Two Steps Forward, One Step Back: The 2010 Report by the UN Special Representative on Business and Human Rights

Letnar Cernic, Jernej, Two Steps Forward, One Step Back: The 2010 Report by the UN Special Representative on Business and Human Rights (December 4, 2010). German Law Journal, Vol. 11, pp. 1264-1280, 2010.

The relationship between human rights law and business has emerged in recent years as one of the most topical to be discussed and put on the agenda almost worldwide. The activities of corporations in this globalized environment have often served as the catalyst for human rights violations; due to the lack of institutional protection, some corporations are able to exploit regulatory lacunae and the lack of human rights protection. On 9 April 2010 Professor John Ruggie, the United Nations Special Representative of the Secretary General on human rights and transnational corporations and other business enterprises, submitted his fifth Report under the title “Business and Human Rights: Further steps toward the operationalization of the 'protect, respect and remedy' framework.” The objective of this article is to examine his 2010 report and to establish whether this Report has contributed to clarifying standards in the field of human rights and business.

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Fundamental Guarantees in the Armed Conflict in the Slovenian Context: Lessons Learnt?

Letnar Cernic, Jernej, Fundamental Guarantees in the Armed Conflict in the Slovenian Context: Lessons Learnt? (February 16, 2010). Slovenian Law Review, Vol. 6, pp. 203-222, 2009.

This article explores the treatment of detainees in treaty and customary international humanitarian law. Detainees are persons who do not or have ceased to take a direct part in hostilities or are hors de combat. It contextualizes the discussion on the treatment of detainees by illustrating an example from contemporary Slovenian history relating to the barbaric treatment of detainees on the Slovenian territory after Second World War, where more than one hundred thousand persons were executed. This article argues that fundamental human rights apply in all situations and that the fundamental guarantees apply during and after the hostilities to all categories of detainees. In this way, it further explores fundamental guarantees, a meeting point between international human rights law and humanitarian law. Based on these findings this article argues that there are strong legal and moral grounds to address crimes against humanity committed in Slovenia against detainees after the Second World War.

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Book Review: The Oxford Companion to International Criminal Justice

Letnar Cernic, Jernej, Book Review: The Oxford Companion to International Criminal Justice (August 24, 2009). International Law Observer, March 2009.

International criminal law falls within the areas of international law which have progressively developed in the past two decades. This field of law has come a long way since its first steps in Nuremberg and Tokyo after the Second World War and the more recent establishment and functioning of ad hoc tribunals in the Hague and Arusha and the permanent International Criminal Court. In this way, international criminal law has taken confident and decisive steps towards becoming a full-fledged discipline of international law, and towards ridding itself of non-compliance problems so common to the (non-)functioning of general international law. It must be noted, however, that the status of international criminal law as a full-fledged and independent discipline has never been questioned by its practitioners and scholars. In this sense, the Oxford Companion to International Criminal Justice confirms that international criminal law has come of age and become a full standing discipline within international law.

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Book Review: Gentian Zyberi, The Humanitarian Face of the International Court of Justice: Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles

Letnar Cernic, Jernej, Book Review: Gentian Zyberi, The Humanitarian Face of the International Court of Justice: Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles (December 1, 2010). Australian International Law Journal, Vol. 17, pp. 283-287, 2010.

This monograph is one of the first on the contribution of the International Court of Justice (‘ICJ’) to interpreting and developing international human rights and humanitarian law rules and principles. Although such a book has been long awaited by academics, students and practitioners of human rights and public international law worldwide, it has been worth the wait despite its minor weaknesses.

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Book Review of Danilo Türk's 'Temelji Mednarodnega Prava' (Foundations of International Law)

Letnar Cernic, Jernej, Book Review of Danilo Türk's 'Temelji Mednarodnega Prava' (Foundations of International Law) (June 15, 2009). Global Law Books, June 2009.

This treatise is the first on public international law in Slovenian by a Slovenian author. Although such a book has been long awaited by students, academics and practitioners of international law in Slovenia, it was worth waiting for despite its minor weaknesses. Both the choice of the book title - ‘Foundations of International Law’ - and its length indicate the author’s attempt to present the topic comprehensively and broadly but only in its most essential characteristics.

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Transitional Justice Processes and Reconciliation in the Former Yugoslavia: Challenges and Prospects

Zyberi, Gentian and Letnar Cernic, Jernej, Transitional Justice Processes and Reconciliation in the Former Yugoslavia: Challenges and Prospects (2015). 33(2) Nordic Journal of Human Rights, pp. 132–157.

This article aims to assess the achievements and challenges facing transitional justice processes which have taken place in the countries most affected by the armed conflicts resulting in the violent dissolution of the former Yugoslavia and whether, and to what extent, these processes have furthered inter-ethnic reconciliation. The two variables used for this purpose are the scope of individual criminal accountability for war crimes and the scope of reparations provided to victims of the armed conflicts occurring throughout the 1990s and in the early 2000s. The following analysis combines an assessment of relevant international and domestic efforts. Thus, first, the article analyses the impact of the International Criminal Tribunal for the former Yugoslavia (ICTY or tribunal) in the transitional justice processes in Croatia, Bosnia and Herzegovina (Bosnia or BiH), the Former Yugoslav Republic of Macedonia (Macedonia), Serbia, and Kosovo. Over the last 20 years the tribunal has investigated and prosecuted a considerable number of individuals for mass atrocity crimes. Subsequently, the focus shifts to assessing the domestic efforts surrounding the prosecution of war crimes and awarding of reparations for victims of the armed conflicts in these countries. The article argues that lack of sufficient coordination and close cooperation between international stakeholders and a general reticence on the part of the national authorities to engage meaningfully with past wrongs have resulted in a situation where many perpetrators of war crimes remain unpunished and individual victims have barely received any reparations. The article holds that for the ongoing transitional justice processes to meaningfully further inter-ethnic reconciliation in the republics emerging from the former Yugoslavia continued legal reforms and a pluralistic public discourse, which embrace a strong focus on the rights of victims of war crimes, are necessary.

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Bilingual Topographical Signs of Different Sizes are Unconstitutional

Letnar Cernic, Jernej, Bilingual Topographical Signs of Different Sizes are Unconstitutional (2011). The Vienna Journal on International Constitutional Law, 2011 (1), pp. 89-93.

On 24 June 2010, the Austrian Constitutional Court rendered its most recent decision in a series on bilingual topographical signs in the Austrian province of Carinthia in V 9/10-9. The Court held that the difference in size between the German and Slovenian topographical signs for Bleiburg-Pliburg, Drveša vas- Ebersdorf and Žvabek were illegal and unconstitutional. Recall that the Austrian Constitutional Court had already held, on 13 December 2006, that the difference in size between bilingual topographical signs in German and in Slovenian in those places was illegal and unconstitutional and that this had to be resolved. However, this decision was put aside and bilingual topographical signs of different sizes remained in place.

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Case Concerning the Application of the Convention on the Prevention of the Crime of Genocide (Bosnia and Herzegovinia v. Serbia and Montenegro) (2007) - Catching the Conscience of the Judges

Letnar Cernic, Jernej, Case Concerning the Application of the Convention on the Prevention of the Crime of Genocide (Bosnia and Herzegovinia v. Serbia and Montenegro) (2007) - Catching the Conscience of the Judges (February, 11 2009). Australian International Law Journal, Vol. 14, pp. 255-261, 2007.

Earlier this year, on 27 February, a mass demonstration was held in Sarajevo, where 10,000 victims of the Srebrenica genocide expressed their disillusionment with the judgment of the International Court of justice ('ICJ') handed down a day earlier. On 26 February 2007, the ICJ had delivered its decision in the Case Concerning the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro) {'Genocide Convention Case (Merits)'). One of the victims in the demonstration carried a banner where it was ironically written that 8,000 Bosnian Muslim men were killed by 'aliens'. This is just one indication that the ICJ's decision will have far-reaching consequences regarding the stability of this troubled region. This article examines the decision from a substantive point of view and attempts to shed new understanding on the decision.

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Freedom of Press in the European Context: Klein v. Slovakia

Letnar Cernic, Jernej, Freedom of Press in the European Context: Klein v. Slovakia. Edinburgh Law Review, Vol. 11, pp. 444-446, 2007.

Even though freedom of the press is not absolute and must be balanced with other interests, it is often accorded decisive weight over other rights. Deriving from freedom of expression, freedom of the press belongs to a genus of "heavyweight" rights beneficial to society as a whole. The status of the right in a democratic society was considered in Klein v. Slovakia, a recent decision of the European Court of Human Rights. This case concerned alleged Slovakian interference with freedom of expression under article 10 of European Convention on Human Rights.

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Book Review of 'Suzannah Linton (ed.): Hong Kong's War Crimes Trials, OUP, 2013, 264 pp.'

Letnar Cernic, Jernej, Book Review of 'Suzannah Linton (ed.): Hong Kong's War Crimes Trials, OUP, 2013, 264 pp.' (December 15, 2014). Dignitas - Slovene Journal of Human Rights, nr. 63-64 (2014), pp. 165-167.

Hong Kong’s War Crimes Trials are some of the domestic war trials after the Second World War that have so far been forgotten by domestic and international researchers. They included the prosecution of individuals for violations of the law of armed conflict during the Second World War in South East Asia. Edited by Suzannah Linton, the book offers a clear, authoritative and comprehensive introduction to the subject of Hong Kong’s War Crimes Trials.

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L’obbligo dell’ascolto del minore infrasedicenne nel procedimento di opposizione al secondo riconoscimento: la Cassazione muta le ragioni del suo orientamento, comment on Cassazione 13 May 2012

La Nuova Giurisprudenza Civile Commentata, 2012, 804 ff.

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Comment on Tribunale Reggio Emilia, 10 May 2012

Giurisprudenza Italiana, 2013, 920 ff.

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Comment on Cassazione 17 January 2013, n. 1020

Giurisprudenza Italiana, 2013, 1863 ff.

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Comment on Cassazione 12 March 2013, n. 6093

Giurisprudenza Italiana, 2013, 2590 ff.

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Legittimazione passiva nell’azione per la costituzione di servitù di passaggio e pluralità di fondi intercludenti: l’ultimo approdo delle Sezioni Unite, comment on Cassazione 22 April 2012, n. 9685

Rivista di Diritto Processuale, 2014, 1281 ff.

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The Arc of reform

Margaret Stout and Jeannine M. Love
in

Affirming Integrative Governance

Margaret Stout, Jeannine M. Love
in