Humanitarian law, human rights law and the bifurcation of armed conflict

This article offers a fresh examination of the distinction drawn in international humanitarian law (IHL) between international and non-international armed conflicts. In particular, it considers this issue from the under-explored perspective of the influence of international human rights law (IHRL). It is demonstrated how, over time, the effect of IHRL on this distinction in IHL has changed dramatically. Whereas traditionally IHRL encouraged the partial elimination of the distinction between types of armed conflict, more recently it has been invoked in debates in a manner that would preserve what remains of the distinction. By exploring this important issue, it is hoped that the present article will contribute to the ongoing debates regarding the future development of the law of non-international armed conflict.

Franz Neumann, the rule of law and the unfulfilled promise of classical liberal thought

This thesis draws on the work of Franz Neumann, a critical theorist associated with the early Frankfurt School, to evaluate liberal arguments about political legitimacy and to develop an original account of the justification for the liberal state.

Shared parenting, law and policy: considering power within the framework of autopoietic theory

This paper uses the last few decades’ developments in the area of shared parenting to explore power within the framework of autopoietic theory. It traces how, prompted by turbulence from the political subsystem, family law has made several unsuccessful attempts to solve the perceived problem of post-separation dual-household parenting. It agrees with Luhmann and Teubner that closed autopoietic systems’ developments are limited by their normative and cognitive frameworks, and also argues that changes, which have occurred in family law, show that closed social systems do not function in total isolation. It considers power as ego’s ability to limit alter’s choices. In our functionally differentiated society, with its recent proliferation of communication, power appears more diffuse and impossible to plot into causal one-way relationships.

EU free movement law and the legal recognition of same-sex relationships: the case for mutual recognition

This article seeks to examine the cross-border legal recognition of same-sex relationships in the EU. Although the Member States maintain an exclusive competence in the field of family law and, thus, it is up to them to determine whether they will provide a legal status to same-sex couples within their territory, they need to exercise their powers in that field in a way that does not violate EU law. This, it is suggested, requires that Member States mutually recognize the legal status of same-sex couples and do not treat same-sex couples worse than opposite-sex couples, if the basis of the differentiation is, merely, the (homosexual) sexual orientation of the two spouses/partners. Nonetheless, the current legal framework does not make it clear that Member States are under such an obligation. The main argument of the article, therefore, is that the EU must adopt a more hands-on approach towards this issue.

Just another case of treaty interpretation? Reconciling humanitarian law and human rights law in the ICJ

This chapter offers a fresh critique of the approach taken by the International Court of Justice to the relationship between humanitarian law and human rights law. In so doing, it seeks to move beyond the intractable debates that have dominated this area, offering an original account of the relationship that is firmly grounded in general international law concepts of treaty interpretation.

Conflicts of law and the mutual recognition of same-sex unions in the EU

My thesis uses legal arguments to demonstrate a requirement for recognition of same-sex marriages and registered partnerships between EU Member States. I draw on the US experience, where arguments for recognition of marriages void in some states previously arose in relation to interracial marriages. I show how there the issue of recognition today depends on conflicts of law and its interface with US constitutional freedoms against discrimination. I introduce the themes of the importance of domicile, the role of the public policy exception, vested rights, and relevant US constitutional freedoms. Recognition in the EU also depends on managing the tension between private international law and freedoms guaranteed by higher norms, in this case the EU Treaties and the European Convention on Human Rights. I set out the inconsistencies between various private international law systems and the problems this creates. Other difficulties are caused by the use of nationality as a connecting factor to determine personal capacity, and the overuse of the public policy exception. I argue that EU Law can constrain the use of conflicts law or public policy by any Member State where these are used to deny effect to same-sex unions validly formed elsewhere. I address the fact that family law falls only partly within Union competence, that existing EU Directives have had limited success at achieving full equality and that powers to implement new measures have not been used to their full potential. However, Treaty provisions outlawing discrimination on grounds of nationality can be interpreted so as to require recognition in many cases. Treaty citizenship rights can also be interpreted favourably to mandate recognition, once private international law is itself recognised as an obstacle to free movement. Finally, evolving interpretations of the European Convention on Human Rights may also support claims for cross-border recognition of existing relationships.

Construction contracts: law and management. 5th edition

The fifth edition of this best-selling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparison of working with JCT, NEC3 and FIDIC contracts, throughout. In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and is an extremely useful source of reference for practitioners.

Mutamenti politico-istituzionali nella Venezia Giulia e a Trieste tra Tito e gli americani alla luce delle nuove testimonianze documentarie da Washington, 1944-1954

“La questione di Trieste”, ovvero la questione del confine italo-yugoslavo all’indomani della seconda guerra mondiale costituisce da lungo tempo oggetto di attenzione e di esame da parte della storiografia italiana e straniera. Con alcune importanti eccezioni, la ricostruzione complessiva di quelle vicende ha visto il più delle volte il prevalere di un approccio storico-diplomatico che ha reso difficile comprendere con chiarezza i rapporti e le interdipendenze fra contesto locale, contesto nazionale e contesto internazionale. Attraverso la lettura incrociata dell’ampia documentazione proveniente dai fondi dei National Archives Records Administration (NARA) questo studio tenta una rilettura delle varie fasi di sviluppo della questione nel periodo compreso tra il giugno del 1945 e l’ottobre del 1954 secondo una duplice prospettiva: nella prima parte si concentra sulla politica americana a Trieste, guardando nello specifico a due aspetti interni tra loro strettamente correlati, la gestione dell’ordine pubblico e la “strategia” del consenso da realizzarsi mediante il controllo dell’informazione da un lato e la promozione di una politica culturale dall’altro. Sono aspetti entrambi riconducibili al modello del direct rule, che conferiva al governo militare alleato (GMA) piena ed esclusiva autorità di governo sulla zona A della Venezia Giulia, e che ci appaiono centrali anche per cogliere l’interazione fra istituzioni e soggetti sociali. Nella seconda parte, invece, il modificarsi della fonte d’archivio indica un cambiamento di priorità nella politica estera americana relativa a Trieste: a margine dei negoziati internazionali, i documenti del fondo Clare Boothe Luce nelle carte dell’Ambasciata mostrano soprattutto come la questione di Trieste venne proiettata verso l’esterno, verso l’Italia in particolare, e sfruttata – principalmente dall’ambasciatrice – nell’ottica bipolare della guerra fredda per rinforzare il sostegno interno alla politica atlantica. Il saggio, dunque, si sviluppa lungo due linee: dentro e fuori Trieste, dentro 1945-1952, fuori 1953-1954, perché dalle fonti consultate sono queste ad emergere come aree di priorità nei due periodi. Abstract - English The “Trieste question”, or the question regarding the Italian - Yugoslav border after the Second World War, has been the object of careful examination in both Italian and foreign historiography for a long time. With a few important exceptions, the overall reconstruction of these events has been based for the most part on historic and diplomatic approaches, which have sometimes made it rather difficult to understand clearly the relationships and interdependences at play between local, national and international contexts. Through a comparative analysis of a large body of documents from the National Archives and Records Administration (NARA), College Park MD, this essay attempts a second reading of the various phases in which the question developed between June 1945 and October 1954, following a twofold perspective: the first part focuses on American policy for Trieste, specifically looking at two internal and closely linked aspects, on the one hand, the management of ‘law and order’, as well as a ‘strategy’ of consent, to be achieved through the control of all the means of information , and, on the other, the promotion of a cultural policy. Both aspects can be traced back to the ‘direct rule’ model, which gave the Allied Military Government (AMG) full and exclusive governing authority over Venezia Giulia’s Zone A. These issues are also fundamental to a better understanding of the relationships between institutions and social subjects. In the second part of the essay , the change in archival sources clearly indicates a new set of priorities in American foreign policy regarding Trieste: outside any international negotiations for the settlement of the question, the Clare Boothe Luce papers held in the Embassy’s archives, show how the Trieste question was focused on external concerns, Italy in particular, and exploited – above all by the ambassador – within the bi-polar optic of the Cold War, in order to strengthen internal support for Atlantic policies. The essay therefore follows two main lines of inquiry: within and outside Trieste, within in 1945-1952, and outside 1953-1954, since, from the archival sources used, these emerge as priority areas in the two periods.